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HomeMy WebLinkAboutMINUTES - 02251997 - C8-C13 97 032586 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, AS THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Adopted this Resolution on February 25, 1997, by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97/98 Government Code § 25526.5 SUBJECT: Conveyance of Excess Real Property Riverview Fire Protection District Headquarters Project No. 7126-6X5111 Antioch Area The Board of Supervisors, as the Board of Directors of the Contra Costa County Fire Protection District RESOLVES THAT: The Riverview Fire Protection District, now annexed into the Contra Costa County Fire Protection District, acquired certain real property in the Antioch area by deed recorded on December 18, 1979, in Book 9663 at page 093, for the Riverview Fire Protection District's administration building. A portion of said property, described in Exhibit "A" attached hereto, was erroneously conveyed to the District by the aforementioned deed. This property was, and continues to be, utilized by Gaylord Container Corporation. Gaylord has agreed to pay all costs incurred by the District to transfer the property and clear out the Districts's interest in same. Said property is DETERMINED to be surplus and no longer necessary for District or other public purposes and its estimated value does not exceed $10,000.00. This Board hereby APPROVES and AUTHORIZES the conveyance of said property to Gaylord Container Corporation, pursuant to Government Code Section 25526.5 and the Board Chair is hereby AUTHORIZED to execute a Quitclaim Deed on behalf of the District. The Real Property Division is DIRECTED to cause said Quitclaim to be delivered to the grantee upon receipt by District of payment of all expenses incurred in the transfer. Orig.Dept.: Public Works(R/P) Contact: Pat Smyers (313-2222) CC: Public Works Accounting Public Works Records Grantee(via R/P) 1 betaby M*VA IAis to M NO sad ao ed OW of Recorder(via R/P) am ,�Staken andentered °e the unarm" of ft Board ATMIFTeo: F F yt Y to It I PHIL BATCHELOR,C:ark of the board PS gpp of Supsrviaora and County Administrator g:Vealpropk1ernp1b27GC.t1 '} January 30,1997 RESOLUTION NO. 97198 I J Recorded at the request of: Gaylord container Corporation 97 032586 After recording return to: Gaylord Container Corporation P.O. Box 616 Antioch,CA 94509 Attn: Perry Rodriguez Assessor's Parcel No. 074-040-026 (Portion) QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, which acquired title as Riverview Fire Protection District, Does hereby remise, release and forever quitclaim to Gaylord Container Corporation, the following described real property in the City of Antioch, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Dated February 25, 1997 By Chair, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA } February 25, 1997 On before me,Phii Batchelor, Clerk of the Board ofSuper isors and County Administrator, Contra Costa County, personally,appeared Supervisor Mark DeSaulnier who is personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/herttlteir authorized capacity(ies), and that by his/herttheir signature(s) on the instrument the �. person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. By: puty Clerk PS:gPP g:b'ealpropttemp0E4GLord.t1 January 30, 1997 • 0- 97 032586 Portion APN 074-040-026 RIVERVIEW FIRE PROTECTION DISTRICT Drawing MB-1282-97 EXHIBIT "A" Real property situated in the City of Antioch, County of Contra Costa, State of California, being a portion of that parcel of land described in the deed to the Riverview Fire Protection District recorded December 18, 1979 in Book 9663 of Official Records at page 93, records of said County, described as follows: Beginning at the most northwesterly comer of said Riverview Fire Protection District parcel (9663 OR 93); thence from said Point of Beginning, along the north line of said parcel south 89008'31" east 60.00 feet; thence leaving said north line, south 0051'29" west 154.00 feet; thence, south 28015'11" west 130.40 feet to the west line of said Riverview Fire Protection District parcel; thence along said west line north 0051'29" east 269.78 feet; to the Point of Beginning. Containing an area of 12,713 square feet of land, more or less. Bearings are based on the California Coordinate System Zone III (CCS27). Distances given are ground distances. To Obtain grid distance, multiply distance given by 0.9999398. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. I S� VAND Signature: ��IWEM io Lic eLand Surveyor Contra Costa CourRy Public Works Exo IZ-110D Date: No. 5999 /— /�- 9� �l4)fOF CAi\E��\ g:\desig n\patp\firedist.wpd 1!1196 C'4 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: February 25, 1997 SUBJECT: APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE FLOOD CONTROL DISTRICT AND BRENTWOOD PROPERTIES, LTD, A CALIFORNIA LIMITED PARTNER FOR SUBDIVISION 6074 IN DRAINAGE AREA 52B. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: Approve a reimbursement agreement in the amount of$102,282.61 between the Flood Control District (DISTRICT) and Brentwood Properties LTD, (DEVELOPER) and authorize the Chair of the Board to execute the agreement on behalf of the District. H. Financial Impact: Future drainage fees will be obligated to payment of the reimbursement. III. Reasons for Recommendations and Backeround: The Developer has been required to construct drainage area improvements at a cost which exceeds the amount of drainage fees required to be paid by the developer under the terms of the drainage area fee ordinance. The Developer is entitled to a partial reimbursement of the excess costs as provided for in the drainage area credit and reimbursement policy. IV. Consenuences of Ne¢ative Action: Non approval of the agreement would be inconsistent with the adopted Credit and Reimbursement Policy. Continued on Attachment:_ SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR i_RECOMMENDATION OF BOARD COMM1fITCEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON Fro 2 3 199 o--7 APPROVED AS RECOMMENDED V OTHER_ VQIE OF SUPERVISORS ✓✓_ UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: RB:cI g:fl"\fcbo%rentwoo.t 1 Ori&.Dir. Public Works(FCE) I bareby certMj that tate n e true and eoneet ropy of on ecaon taken and entered on the minutM at that c: County Administrator Board of Super,',ap¢ n :a Community Development PHIL BATCHELOR Clerk of the board Building Inslxxtion yi Bupwiaas and L�aWtQrAtlmkdatrabf Courtly Counsel County Assessor County Treasurer-Tax Collector County Auditor-Controller Chief Engineer CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT REIMBURSEMENT AR . .M .NT 1. PARS. Effective ,1, J,a,.. , ..—, , , the Contra Costa County Flood Control and Water Conservation tstrict, a body corporate and politic of the State of California, (hereinafter called "DISTRICT"), and Brentwood Properties, LTD, a California Limited Partnership, (hereinafter called "DEVELOPER"), mutually agree as follows: 2. INTRODUCTION. A. DEVELOPER is subdividing the property designated as Subdivision 6074 within Drainage Area 52B. Said development is within the jurisdiction of the City of Brentwood (hereinafter called "AGENCY"). To satisfy AGENCY's conditions of approval for said development, DEVELOPER must install a portion of the drainage facilities shown on the adopted Drainage Plan for Drainage Area 52B. B. The cost to install these facilities exceeds the amount of drainage fees required by the drainage fee ordinance for said drainage area, Ordinance No. 79-82. C. DISTRICT has adopted a Drainage Area Credit and Reimbursement Policy for said drainage area. D. Since DISTRICT has an effective Drainage Plan and a Drainage Area Credit and Reimbursement Policy for said drainage area, DEVELOPER has requested that the DISTRICT enter into this agreement with DEVELOPER, pursuant to said policy. 3. TERMS. DISTRICT shall reimburse DEVELOPER for eligible costs exceeding the amount of fees required by said ordinance, in accordance with the terms of this agreement and the DISTRICT's above-mentioned Drainage Plan and the Drainage Area Credit and Reimbursement Policy for said drainage area, which policy is attached as Exhibit "A" and made a part hereof by this reference. 4. ELIGIBLE COSTS. The drainage facilities, right-of-way, and other items eligible for reimbursement and their estimated costs are outlined on Exhibit 'B", attached hereto and incorporated herein by this reference. 5. DEDICATION OF EASEMENTS. Easements containing the drainage facilities covered by this agreement shall be offered for dedication to AGENCY. 6. CONFORMANCE O PLANS AND SPECIFICATIONS. The drainage facilities covered by this agreement shall be installed in conformance with the plans and specifications prepared by DEVELOPER and approved by AGENCY. DISTRICT shall be under no obligation to perform under this agreement unless the drainage facilities are accepted as complete by AGENCY. 7. HOLD HARMLESS. DEVELOPER shall defend, indemnify, save and hold DISTRICT, its governing body, officers, agents and employees absolutely free, clear, and harmless from any claims, actions, or costs arising from any property and/or rights acquisition which may be necessary hereunder, or arising from any and all damage to property, injury to persons, including death, or any other type of liability arising as a result of DEVELOPER's installation of the drainage facilities required by the conditions of approval for said development. 8. NON-RESPONSIBILITY OF DISTRICT. The installation of drainage facilities covered by this agreement is the sole responsibility of DEVELOPER, except for the normal. inspection provided by the AGENCY. DISTRICT assumes no responsibility whatsoever for construction procedures and methods utilized by DEVELOPER in constructing the drainage facilities. 1 0,q 9, ' PAYMENT. Payment terms are set forth in Exhibit "A", except that the first payment shall not be made until DEVELOPER submits to DISTRICT acceptable evidence that DEVELOPER has paid for the installation of the drainage facilities covered by this agreement. 10. TERMINATION. This agreement shall remain in effect either (1) for 40 quarters as provided in Section V.B. of Exhibit "A", or (2) until DEVELOPER has been reimbursed for the total eligible reimbursement amount, whichever first occurs. Non-submittal of the acceptable evidence of payment required by Section 9 shall not result in an extension of the termination date. 11. NO OTHER RECOURSE AGAINST DISTRIC A. This agreement constitutes the total statement of rights between DISTRICT and DEVELOPER concerning payment or reimbursement for costs of installing the drainage facilities exceeding the required drainage fees. B. If, after the expiration of the 40 quarters described in Section V.B. of Exhibit "A", DEVELOPER has not received the total reimbursement amount, DEVELOPER shall have no right to further reimbursement by DISTRICT from any drainage fees thereafter collected by the DISTRICT, or from any other source of DISTRICT funding. CONTRA COSTA COUNTY FLOOD CONTROL DEVELOPER* AND WATER CONSERVATION DISTRICT Brentwood Pr rti LTD., A California unit Partnership aD Clair of the Boanl of Supervisors, as governing body of the Contra Costa County Flood Control and Water Conservation District And By ATTEST:3�'t rj f?97 *Corporations require two signatures, one by the Phil Batchelor, Cler of the Board of Supervisors and President or Vice President,and one by the Secretary or County Administrator Treasurer. Signatures by DEVELOPER must be / notarized. By Deputy Cqk RECOMMENDED FOR APPROVAL: 1. Michael Walford,Chief Engineer APPROVED AS TO FORM: Victor J.W�estmaan, County Counsel By— (, 44d114 ••,,„''4d? Deputy Exhibit "A” - Drainage Area Credit and Reimbursement Policy Exhibit 'B" -Calculation of Reimbursement Amount RB:pe g AFldCa\DA\DA52B.Agr December 13, 1996 2 Nate to DeveIo»er: For corporations,the contract must be signed by two officers. The first signature must be that of the'chairman of the board, president or vice-president; the second signature must he that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code, Sec. 313.) Ile acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLF,DGMENT State of California ) ) ss. County of Contra Costa ) On the date written below, before me, the undersigned Notary Public, personally appeared the person(§) signing above for Developer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(&) whose name(b) is/ai* subscribed to the within instrument and acknowledged to me that he/sbdibey executed the same in his/koftdr authorized capacity(i&), and that by his/hUDt & signature(i) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Dated: December 30, 1996 [Notary's Seal] Notary Public .7i RB:pe g:MdCtMAtDA52B.Agr December 13, 1996 3 E)(MrT "A" LRAINAG-7 AREA CREDIT AND RED-Mf aIEXT FOLICY Adopted June, 1989 The following policy adopted by the Board of Supervisors, as the governing body of the Contra Costa County Flood Control and Water Conservation District, , shall be used to determine credits and reimbursements as provided for an various Drainage Area Fee Ordinances. I. DEFINITIONS: 1. Drainage Area Plan. The engineering plan which shows and lists the size, length, and location of drainage facilities adopted for a Drainage Area. 2- Drainage Area Fee ordinances. An ordinance adopted for a Drainage Area specifying the drainage fee necessary to ccuplete construction of the planned facilities. 3- Drainaue Area Fee Obligation. The drainage fee due an a development as determit from the Drainage Area Fee Orduorrea. 4- FJ-icrible Cats. The cost of irjstalTirrr drainage facilities which are part of the Drainage Area Plan. 5- In-tract Drainage Facilities. Drainage facilities required within the limits of the development. 6. Off-tract Drainage Facilities. Drainage facilities requited outside the limits of the development. 7. Credit. When a Drainage Fee Ordinance allows constructicn, of drainage facilities in lieu of the payment of drainage fees, the eligible construction costs may be applied as a credit against the drainage area fee obligation. 8- Payment to the developer for the eligible cost of installing drainage area facilities in ems of the drainage area fee obligation. Ir. GENS InstELUation of drainage facilities requixed as a condition of property development can be very costly, iand in many cases benefits other Properties within the watershed- A Drainage Fee Ordinance spreads the costs of the drainage facilities to all of the benefitting properties and ensures, through a system of fees, credits, and reimbursements, equitable financial participation. The drainage fee ordinance creates a fee obligation on all properties within the Drautage Area. The orxiirkancx beccm-'s ape-rative Lai-on a request to develop or improve a panel of land. The drainage area fee obligation is limited to the fee due and is payable either in the form of cash or the installation of a portion of the drainage facilities shown on the adopted drainage area plan. When a condition of development requires the construction of drainage facilities with a cost in excess of the drainage fee obligation imposed by the fee ordinance, a portion of the excess cost may be eligible for- III. -Eligible Costs. A portion of the cost to install drainage facilities shown on the adopted drainage area plan may be eligible for credit against the required drainage fees and for reimbursement of costs in excess of the drainage fee obligation. Credit or reimbursement shall be limited to the following eligible costs: 1- Actual in-tract and off-tract construction costs plus a fixed amount of 7 percent of the in-tract construction cost and 14 percent of the off- tract construction cost for allowance of miscellzneous developer's costs, including contract preparation, engineering, bonding, etc- Construction costs do not include utility relocati-ons or ° the acquisition of rights of way. 2- Actual public agency project inspection fees for only those drainage area facilities shown an the adopted drainage plan. 3- Actual o utility relocation costs. 4. Actual off--tract right of way acquisition costs needed for the iratallation of drainage area facilities, provided the developer does not have a beneficial intexest in the off-tract property. The. determination of construction costs will be based on at least three indq3MrIent bids. The developer shall submit said bids to the District for review and con=n=ence. upon District c=xxn:rence- with the bids, the lowest bid shall be the basis for determination of the credit and reimbursement amount_ SheDistrict reserves the right to reject the developer's bids or any other proposed value of said eligible costs and to calculate said costs and the fixed markups using then current prices. If the developer elects to install. a more costly drainage system than shown on the adopted drainage area plan, the District reserves the right to calculate said eligible costs using the then current prices for only the facilities shown an the adopted plan. IV- Credit. The developer may apply as a credit toward the drainage fee obligation the eligible oosts .to construct drainage area facilities. 2 ellq V_ Reimhxtrsemelrt. A. Mere the amount of said eligible costs exceed the drainage fee due, the developer, upon entering into a reimbursement agreement with the District, shall be eligible for a percentage reimbursement on the amount of the eligible costs determiner] by Section 112. above, in excess of the drainage fee due as follows: Off-tract work: 1000 (One Hundred Percent) On-tract work : 50% (Fifty Percent) Prior to the application of the above percentages, the eligible costs in excess of the drainage fee due shall be prorated between off-tract work and on-tract work in the same proportion as the total eligible costs for off-tract work and on-tract work are to the total eligible costs. B_ The reimbursement shall be subject to the follaring limitations: 1. Reimbursements shall be paid only from drainage fees collected pursuant to a Drainage Fee ordnance. 2. Tf more than one reimbursement agreement is in effect in a Drainage Area, the reimbursement payment to each agreement shall be based on the ratio of each agreement's original amount to the total original amount of all outstanding reimbursement agreement c_ 3.. The District reserves the right to utilize not more than 80 percent of the drainage fees collected annually, on a fiscal year basis, for the purpose of making reimbursement payments. 4. Rpimburrcemont- payments shall be made quarterly, except that, d:mr g any quarter the District reserves the right not to make said payments if the amount of available funks to be dishuxsed is less than $5,000. 5. Rejnhnzamnt agreements shall nama;n in effect for 40 quarters- The first quarter shall be the one following the quarter in which the first reimbursement payment is made. Any outstanding balance awed at the end of the 40 quarters shall be waived by the developer. 6. Reimbursement agreements exec aged prior to a gover mrstt loan shall shame with the government loan and other reimbursement agreement(s) the payments calculated in paragraph B.2 above. 7. Pp-imbursement agreement(s) executed subsequent to a government loan(s) shall have payments "calculated" using the pro-rata basis of paragraph B.2. above. However, in order to accelerate repayment of the government loan(s) , the "calculated" payment shall be applied to repayment of the government loan(s), rather than be disbursed to the subsequent reimbursement agreeffent(s) - 3 Upon full repayment of the government loan(s) , xeimbu sewn-nt payments shall cramience to the subsequent reimbursement agrceement(s) . The forty quarter time limit for a subsequent reimbursement agreeoei t shall not start until the date the first payment is made to the reimbursement agreement. VS. Applicability: upon adoption by a drainage area, this policy shall be the basis for all subsequent reimbursement agreements in that drainage area.. This policy will not alter any reimburesmwr?f- agreement executed pursuant to a different policy. RSC:sj GA:Reim lc March 8, 1990 4 C9 Exhibit "B" Calculation of Reimbursement Amount Drainage Area: 52B Development: Subdivision 6074 Developer: Brentwood Properties 5151 Port Chicago Highway Concord, CA 94520 Assessor's Parcel: 016-110-028 Drainage Area 52B Fees Lot Area No. of Lots Fee Total 29 acres I $4,400/acre $127,600.00 Total $127,600.00 Drainage Fees Due $127,600.00 Eligible Construction Costs: In-Tract Work Description Quantity Unit Cost Total Line A 66" and 72" CIPP 1049 LF $85.00 $89,165.00 Type W Manhole 2 each $1,200.00 $2,400.00 Concrete Cap I each $9,480.00 $9,480.00 Sub-Total $101,045.00 Engineering(7%) $7,073.15 Eligible Inspection Fee $5,052.25 In-Tract Total $113,170.40 Off-Tract Work Description Quantity Unit Cost Total Line A 66" and 72" CIPP 1336 LF $85.00 $113,560.00 Type IV Manhole 3 each $1,200.00 $3,600.00 Outfall Structure 1 each $5,000.00 $5,000.00 1 Sub-Total $122,160.00 Engineering(14%) $17,102.40 Eligible Inspection Fee $6,108.00 Off-Tract Total $145,370.40 Total Eligible Costs $258,540.80 Drainage Area Fees -$127,600.00 $130,940.80 Off-Tract Reimbursement at 100% $73,624.42 In-Tract Reimbursement at 50% $28,658.19 Total Reimbursement $102,282.61 RB:pe:cl gg HdC,U\DkDA52H.ExH Febn� 10,1997 2 C,/0 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE SUBJECT: APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE FLOOD CONTROL DISTRICT AND HPH HOMEBUILDERS 1995 LP FOR SUBDIVISION 7640 AND 7945 IN DRAINAGE AREA 30A. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: Approve a reimbursement agreement in the amount of$108,607.32 between the Flood Control District (DISTRICT) and HPH HOMEBUILDERS 1995 LP (DEVELOPER) and authorize the Chair of the Board to execute the agreement on behalf of the District. II. Financial Impact: Future drainage fees will be obligated to payment of the reimbursement. III. Reasons for Recommendations and Background: The Developer has been required to construct drainage area improvements at a cost which exceeds the amount of drainage fees required to be paid by the developer under the terms of the drainage area fee ordinance. The Developer is entitled to a partial reimbursement of the excess costs as provided for in the drainage area credit and reimbursement policy. IV. Consequences of Negative Action: Non approval of the agreement would be inconsistent with the adopted Credit and Reimbursement Policy. Continued on Attachment:_ SIGNATURE: _ _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON EQ-,;LS- 199' APPROVED AS RECOMMENDED OTHER_ VO 'OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: RB:cI g:fldal\fcbolHPH Orig.Div: Public Works(FCE) I hereby oertlly that this IS e true and correct copy of c CountyAdministrator M woon taken and mewed on the .nlnuYe q do Board^I Sup¢rvsom on the d Ma 0011 Community Development TTE:TEO. BuildingInspection _CilO ark o [ aboard County Counsel or Supenrtws and County AdaWdWaw County Assessor County Treasurer-Tax Collector eytrgr County Auditor-Controller Chief Engineer C .JD CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT REIMBURSEMENT AGREEMENT 1. PARTIES. Effective , ,, _ , the Contra Costa County Flood Control and Water ConservationAstrid,, a body corporate and politic of the State of California, (hereinafter called "DISTRICT"), and BPH Homebuilders 1995 LP., a California Limited Partnership, (hereinafter called "DEVELOPER"), mutually agree as follows: 2, INTRODUCTION. A. DEVELOPER is subdividing the property designated as Subdivisions 7640 & 7945 within Drainage Area 30A, Said development is within the jurisdiction of the County of Contra Costa(hereinafter called "COUNTY"). To satisfy COUNTY's conditions of approval for said development, DEVELOPER must install a portion of the drainage facilities shown on the adopted Drainage Plan for Drainage Area 30A. B. The cost to install these facilities exceeds the amount of drainage fee required by the drainage fee ordinance for said drainage area, Ordinance No. 84-54. C. DISTRICT has adopted a Drainage Area Credit and Reimbursement Policy for said drainage area. D. Since DISTRICT has an effective Drainage Plan and a Drainage Area Credit and Reimbursement Policy for said drainage area, DEVELOPER has requested that the DISTRICT enter into this agreement with DEVELOPER, pursuant to said policy. 3. TERMS. DISTRICT shall reimburse DEVELOPER for eligible costs exceeding the amount of fees required by said ordinance, in accordance with the terms of this agreement and the DISTRICT's above-mentioned Drainage Plan and the Drainage Area Credit and Reimbursement Policy for said drainage area, which policy is attached as Exhibit "A" and made a part hereof by this reference. 4. ELIGIBLE COSTS. The drainage facilities, right-of-way, and other items eligible for reimbursement and their estimated costs are outlined on Exhibit "B", attached hereto and incorporated herein by this reference. 5. DEDICATION OF EASEMENTS. Easements containing the drainage facilities covered by this agreement shall be offered for dedication to COUNTY. 6. CONFORMANCE TO PLANS AND SPECIFICATIONS. The drainage facilities covered by this agreement shall be installed in conformance with the plans and specifications prepared by DEVELOPER and approved by COUNTY, DISTRICT shall be under no obligation to perform under this agreement unless the drainage facilities are accepted as complete by COUNTY. 7. HOLD HARMLESS. DEVELOPER shall defend, indemnify, save and hold DISTRICT, its governing body, officers, agents and employees absolutely free, clear, and harmless from any claims, actions, or costs arising from any property and/or rights acquisition which may be necessary hereunder, or arising from any and all damage to property, injury to persons, including death, or any other type of liability arising as a result of DEVELOPER's installation of the drainage facilities required by the conditions of approval for said development. 8. NON-RESPONSIBILITY OF DISTRICT. The installation of drainage facilities covered by this agreement is the sole responsibility of DEVELOPER except for the normal inspection provided by the COUNTY. DISTRICT assumes no responsibility whatsoever for construction procedures and methods utilized by DEVELOPER in constructing the drainage facilities. 9. PAYMENT. Payment terms are set forth in Exhibit "A", except that the first payment shall not be made until DEVELOPER submits to DISTRICT acceptable evidence that 1 DEVELOPER has paid for the installation of the drainage facilities covered by this agreement. 10. TERMINATION. This agreement shall remain in effect either(1)for 40 quarters as provided in Section V.B. of Exhibit "A", or (2)until DEVELOPER has been reimbursed for the total eligible reimbursement amount, whichever first occurs. Non-submittal of the acceptable evidence of payment required by Section 9 shall not result in an extension of the termination date. 11. NO OTHER RECOURSE AGAINST DISTRICT. A. This agreement constitutes the total statement of rights between DISTRICT and DEVELOPER concerning payment or reimbursement for costs of installing the drainage facilities exceeding the required drainage fees. B. If, after the expiration of the 40 quarters described in Section V.B. of Exhibit "A", DEVELOPER has not received the total reimbursement amount, DEVELOPER shall have no right to further reimbursement by DISTRICT from any drainage fees thereafter collected by the DISTRICT, or from any other source of DISTRICT funding. CONTRA COSTA COUNTY FLOOD CONTROL DEVELOPER* AND WATER CONSERVATION DISTRICT k HPH Homebuilders 1995 L.P., By A California Limited Partnership Chair of the Board of Supervisors,as govemmg of the Contra Costa County Flood Control and Water By: IIPH Homebuilders 2000 L.P. Conservation District A California Limited Partnership,General Partner ATTEST: , $ 1�q 7 By: Porter-Livingston Development,Inc. J A Californi orporation, ffreral Partner Phil county Ad tor, Clerk of the Board of Supervisors and County Adnrinistrator By _. B1 And By Deputy Cl1# *Corpora'ons re ire two signatures, one by the Recommended for Approval: President or resident,and one by the Secretary or Treasurer. Signatures by DEVELOPER must be J.Michael Watford �a notarized. Chief Engineer -a Approved as Form: Victor J.Westman County Counsel By Deputy Exhibit"A"-Drainage Area Credit and Reimbursement Policy Exhibit"B" -Calculation of Reimbursement Amount Note to Developer: For corporations,the contract must be signed by two officers. The fust signature must be that of the chairman of the board,president or vice-president the second signature must be that of the secretary,assistant secretary, chief financial officer or assistant treasurer. (Civ.Code,See. 1190 and Corps. Code,Sec.313.) The acknowledgment below must be signed by a Notary Public. 2 0,11 CERTIFICATE OF ACKNOWLEDGMENT State of California ) } ss. County of 11 415F< d�}tom ) On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for Developer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Dated: /t[01/- V-2 I fm [Notary's Seal] �/GtG2`c'�� Notary Public pm.rlois E. Knnts Cm.Y tOtitfBT ,— w NOTARY PUBLIC•CALIroRNiA N CONTpA CWh COUNTY MP gym,E*M$Dec,J9.107 TW:RB:cl gAfldc11\da\DA30ARBCAgm(Rev 10/96) 3 EXFI£BIT "A" 6RAT.IAG£ AREA CREDIT AND FE�1�3:7RSE�Tf T�7LTCY Adopted June, 1989 The following policy adopted by the Board of Supervisors, as the goveZnirz3 body of the Contra Costa County Flom Control and Water Conservation Distri.ct, .shall be used to determine omits arrd reimbursements as provided for in various Drainage Area Fee Ordinances. S. DEFINI.'.PIONS. 1. Drainage Area Plan. The engix-y-- g plan wihich shows and lists the size, length, and location of drainage facilities adopted for a Drainage nage Area. 2- Drainage Arra Fee Ordinances. An ordinance adopted for a Drainage Area specifying the drainage fee necessary to creplete construction of the planned facilities. 3. Drainacre Area Fee Obligation. The drainage fee due on a development as determined from the Drainage Area Fee Ordinance. 4. Eligible Costs. The cost of instal l ingq drainage facilities which are part of the Drainage Area. Plan. S. In-tract Drainage Facilities. Drainage facilities requixed within the limits of the development. 6. Off-tract Drainage Facilities. Drainage facilities required outside the Limits of the development. 7. Credit. when a Drainage Fee ordinance allows construction of drainage facilities in lieu of the payment of drainage fees, the eligible construction costs may be applied as a credit against the drainage area fee obligation. 8. ] _imturr nt. PaymeM to the developer for the eligible cast of installing drainage area facilities in e>a�ss of the drainage area fee obligation. II. Gq L installation of drainage facilities required as a condition of property development can be very costly, and in many cases benefits other Properties es within the watershed. A Drainage Fee Ordinan ee spreads the costs of the drainage facilities to all of the benefitting properties and enures, through a systen of fees, credits, and reirbursemants, equitable financial pay t cipation. The drainage fee ordinanrr creates a fee obligation on all properties within the Drainage Area. The ordi_irarKma bec=es oce*ative upm a request to 1 develop or improve a parcel of land. Me drainage area fee obligation is limited to the fee due and is payable either in the form of cash or the installation of a port-ion of the drainage facilities shown on the adopted drainage area plan. When a condition of development requires the construction of drainage facilities with a cost in excess of the drainage fee obligation imposed by the fee ordinance, a portion of the excess cost may be eligible for reimbursement. M. ELiaible Costs. A portion of the cost to install drainage facilities shown on the adopted drainage area plan may be eligible for credit against the required drainage- fees and for reirbirsement of costs in excess- of the drainage fee obligation- Credit or reiztxirsement shall be limited to the following eligible costs: I- ActLu-zl in-tract and off-tract construction costs plus a fixed amount of 7 percent of the in-tract construction cost and 14 percent of the off- tract construction cost for allowance of miscellaneou5 developer's costs, including contract preparation, engine sing, banding, etc. Construction costs do oat include utility relocations or ° the acquisition of rights of way. 2- Actual public agency project ixv�"tion fees for only those drainage area facilities shown an the adopted drainage plan. 3- Actual off utility relocation costs. 4. Actual right of way acquisition costs needed for the installation of drainage area facilities, provided the deve1q.-)= does not have a beneficial interest in the off-tract prcpe�. The. determination of construction costs will be based on at least three indVezldnt bids. The developer shall submit said bids to the District for review and concurrence. upon District concurrence with the bids, the lowest bid shalt be the basis for determination of the credit and rednbursement amount. The District reserves the right to reject the developer's bids or any other proposed value of said eligible costs and to calculate said costs and the fixed wr)cups using then current prices. If the developer elects to install a more costly drainage system than shown on the. adopted drainage area plan, the District reserves the right to calculate said eligible costs using the then current prices for only the facilities shown on the adopted plan. IV. Credit. The developer may apply as a credit toward the drainage fee obligation the eligible costs to construct drainage area facilities. 2 V. Reimbursement. . A. Where the amount of said eligible costs exceed the drainage fee due the developer, upon entering into a reimbursenwnt agreement with the District, shall be eligible for a percentage reimbur_emnt on the amain of the eligible costs determiners by section III. above, in exi:n-ss of the drainage fee due as follows- Off-tract work: 1005. (one Hundred Percent) On-tract work : 50a (Fifty Percent) Prior to the application of the above percentages, the eligible costs in excess of the drainage fee due shall be prorated between off-tract work and on-tract work in the same proportion as the total eligible costs for off-tract work and on-tract crork are to the total eligible Costs. B_ The reimbursement shall be subject to the following limitations: 1. Reimbursements shall be paid only ftffi drainage fees collected pursuant to a Drainage Fee Ordinance. 2. If more than one reimbursement agreement is in effect in a Drainage Area, the reimbursement past to each agreement shall be based on the ratio of each agreement's original amount to the total original amount of all outstanding reimbursement agree o„rc_ 3.. The District reserves the right to utilize not more than 80 percent of the drainage fees collected annually, on a fiscal year basis, for the purpose of making reimbursement payments. 4_ Reimbursement payments shall be made quarterly, ewoept that, during any quarter the District reserves the right riot to make said payments if the amount of available funds to be disbursed is less than $5,000. 5. ReiDbm--S Ment agreements shall remain in effect for 40 quarters_ The first quarter shall be the one following the quarter in which the first reimbursement payment is made. Any outstanding balance owed at the ecus of the 40 quartets shall be waived by the developer. 6. Reimbursement agreements executed prior to a government loan shall share with the governamt loan and other reimbursement agreement(s) the payments calculated in paragraph B.2 above. 7. PRdnbu semerrt agreement(s) executed subsectuent to a government loan(s) shall have payunnts "calculated" using the pro-rata basis of paragraph B.2. above. However, in order to accelerate repayment of the government loan(s) , the "calculated" payment shall be applied to repayment of the government loan(s) , rather than be disbursed to the subsequent reimbursement agreement(s) 3 Op D Upon full repayment of the government loan(s) , reimbursement payments shall commence to the subsequent reimbursement agreemnt(s) . M-,e forty quarter time limit for a subsequent reimbursement- agent shall not start until the date the first payurnt is made to the reimbursement agreement- VI. Applicability- Upon adoption by a drainage area, this policy shall be the basis for all subsequent reimbursement- agreements in that drainage area. This policy will not alter any reimb�Pnt- agreement executed parrs,ant to a different policy. RSC:sj DA:ReimPolC March 8, 1990 4 Exhibit "B" Calculation of Reimbursement Amount Drainage Area: 30A Development: Subdivision 7640 & 7945 Developer: Hal Porter Homes P.O. Box Drawer 1088 Brentwood, CA 94513 Assessor's Parcel: 034-070-006,010 &034-080-019 Subdivision 7640 Drainage Area 30A Fees Lot Area #of Lots Fee Total 5,000-5,999 s.f. 6 $ 1,255.00 $ 7,530.00 6,000-6,999 14 1,310.00 18,340.00 7,000-7,999 11 1,360.00 14,960.00 8,000-9,9999 11 1,430.00 15,730.00 10,000- 13,999 1 7 1 1,575.00 1 11,025.00 Total 49 Drainage Fees Due $ 67,585.00 Subdivision 7945 Draina a Area 30A Fees Lot Area #of Lots Fee Total 5,000-5,999 s.f 2 S 1,255.00 $ 2,510.00 6,000-6,999. 8 1,310.00 14 480.00 7,000-7,999 12 1,360.00 16 320.00 8,000-9,999 12 1,430.00 17,160.00 10,000- 13,999 1 1 1,575.00 1 1,575.00 Total 35 Drainage Fees Due $48,045.00 Total Fees Due $115,630.00 Eligible Construction Costs: In-Tract Work Description Quantity Unit Cost Total Line A4 36"CIDP 331 LF $27.00ILF $8,937.00 Line A4 48"CIDP 338 LF 43.50/LF 16,878.00 Line A3 30"CIDP 224 LF 27.00/LF 6,048.00 Line A3 30"RCP 49 LF 75.00/1F 3,675.00 LINF,A3 36"CIPP 520 LF 27.00/LF 14,040.00 LINE A3 42"CIDP 768 LF 36.00/LF 27,648.00 Type A CB onrype H MH i EA 1,680.00 EA 1,680.00 Type A CB on Type 111 MH 2EA 2,280.00 EA 4,560.00 122 11 NM 4 EA 2,700.00 EA I0,800.00 Sub-Total $94,266.00 Engineering(7%) 6,598.62 Eligible County Inspection Fee $7,541.28 In-Tract Total $108,405.90 1 C,>b Off--Tract Work Description Quantity Unit Cost Total Line A4 42"CIDP 477 LF $ 36.00/LF $17,172.00 Line A4 42"RCP 50 LF 76.00/LF 3,800M Line A4 48"CIDP 1,222 LF 43.50/LF 53,157.00 Line A4 48"RCP 94 LF 76.00/LF 7,144.00 Laurel Rd.Crossin 1 LS 1 4,000.00 1 4,000.00 Type M MH 4 ea 2,950.00 ea 11,800.00 Type A CB on Type III MH 1 ea 2,280.00 ea 2,280.00 Sub-Total $99,353.00 Engineering (14%) 13,909.42 Eligible County Inspection Fee 7,948.24 Right-of-Way Acquisition $24,123.26 Off-Tract Total $145,333.92 Total Eligible Costs $253,739.82 Drainage Area Fees 115.630.00 $138,109.82 In-Tract Reimbursement @ 50% $ 29,502.50 Off-Tract Reimbursement @ 100% 79,104.82 TOTAL REIMBURSEMENT $ 108,607.32 TWABA g/fldct1/da/1dapoM"b 2 C �1 AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA February 25, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. } the action taken on your claim by the �1 r (Paragraph IV below), given pursuant Ffid ° Amount: $25,000.00+ Section 913 and 915.4. Please note all *Warnings". FEB 2 1 1997 CLAIMANT: Contra Costa Waste Service, Inc. , et al CCUNl`YCOUNSEL MARTINEZ CALIF. ATTORNEY: c/o David Silverman Jaffe, Trutanich, Scatena, & BlunDate received February '19, 1997 ADDRESS: 155 Sansome, Ste. 700 BY DELIVERY TO CLERK ON San Francisco, CA 94104 February 18, 1997 BY MAIL POSTMARKED: 1. FROM: Clark of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Bpp IL gAT ffiLOR, Clerk DATED:- February 21, 1997 : Uepu y._� It. FROM: County Counsel TO: Clerk of the Board of Supervisors (?� This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( } Other: Dated: 'O /7 / BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. p Dated: FEB 2 5 1997 PHIL BATCHELOR, Clerk, Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Goverment Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. t For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today 1 deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. y Dated: FEB 2 7 1997 BY: PHIL BATCHELOR by✓� Fr — Deputy Clerk CC: County Counsel County Administrator JAFFE, TRUTANICH, SCATENA & BLUM A PROFESSIONAL LAW CORPORATION LOS ANGELES SAN FRANCISCO 222 WEST SIXTH STREET,SUITE 920 155 SANSOME STREET,SUITE 700 SAN PEDRO,CA 90731 RECE�VE� SAN FRANCISCO,CA 94104 04 TELEPHONE(310)548- 10 v TELEPHONE(415)397-9006 FACSIMILE(310)832-3394 (� r�� FACSIMILE(415)397-1339 FM February 18, 1997 �"� ' 9 FaFE ? PLEASE REPLY TO:SAN FRANCISCO JERK BOARD OF Contra Costa County Public Works Department CONTRq COS gP�OVISORS c/o Contra Costa County Clerk of Board of Supervisors 251 Pine Street Martinez, CA 94553 Re: Submission of Claim to Contra Costa County Public Works Department Ladies and Gentlemen: This represents a formal notice of claim to Contra Costa County Public Works Department pursuant to California Government Code §905.2 and Government Code §910. 1. Name and Mailing Address of Claimant(s): a. Contra Costa Waste Service, Inc. b. Pittsburg Disposal & Debris Box Service, Inc. C. Pitsil, Inc. d. Silvio Garaventa, Sr. e. Silvio Garaventa, Jr. f. Mary C. Garaventa g. Silvio Garaventa, Sr. as Trustee of Garaventa Family Trust It. The Garaventa Family Trust i. G.B.F. Company c/o David Silverman Jaffe, Trutanich, Scatena, & Blum 155 Sansome, Suite 700 San Francisco, CA 94104 2. Dollar Amount of Claim and Jurisdiction: The dollar amount of this claim exceeds $25,000.00. The appropriate court jurisdiction is the Superior Court. 3. Date of Damage or Iniury: The injury to Claimants began in 1975 and continues to this date. Contra Costa County Public Works Department February 18, 1997 Page 2 4. Location of Dama eg or Injury 88-acre parcel of land where Contra Costa Sanitary Landfill operated near the intersection of Paso Corto Road and Somersville Road in an unincorporated portion of Contra Costa County, near the City of Antioch (the "Site"). The parcel is bordered to the south by Paso Corto Road, to the west by Somersville Road and to the northeast by Contra Costa Canal. 5. Explanation of Circumstances That Led to Damage or Injury7 Contra Costa Waste Service leased the Site in 1960 and operated a solid waste land fill. Industrial Tank, Inc. subleased a portion of the Site and operated liquid hazardous waste disposal ponds. Industrial Tank, Inc. operated its liquid hazardous waste disposal ponds until 1974. At the time of closure, the liquid waste ponds were abandoned in place by Industrial Tank, Inc. This has resulted in the hazardous waste percolating down to and contaminating the groundwater. Approximately 30 million dollars will be required to remediate the Site. According to EPA documentation, Contra Costa County Public Works Department generated approximately 540 barrels of sludge that were disposed in the Industrial Tank, Inc. ponds in 1974. This material is contributing to the contamination of soil and groundwater. 6. Claimed Injury Resulting From Contra Costa County Public Works Department's Actions: Claimants have suffered damages in the form of investigation and remediation costs required to address the contamination problems. 7. Computation of Damages: The amount claimed by Claimants is in excess of $25,000.00 and has yet to be fully determined. 8. Recipient of Official Notices and Other Correspondence: David Silverman Jaffe, Trutanich, Scatena, & Blum 155 Sansome, Suite 700 San Francisco, CA 94104 (415) 397-9006 Contra Costa County Public Works Department February 18, 1997 Page 3 9. Preferred Hearing Location: San Francisco, California DATED: i' 4 M1' JAFFE, TRUTANI�H, SCATENA & BLUM DAVID SILVERMAN, Attorney for Claimants 525-1156\cor\cccpwd2.dhs � v\ 4-4 0 \_ 2e o z2 - � , �LL- 2 — � e g r \ y E ) e . 2 3 \ } � 4 4 ` ) / \ j 00 \ / 6 � ) % \ / 2 \ / 0 § jG � ° Rj k3Q \\ \G/ oomm2 / \ \ \ \ \ \ \ \ \ � < < / � ~ } CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA February 25, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailm&to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Gov r 14) Amount: $25,000.00+ Section 913 and 915.4. Please note ail s. 1✓ CLAIMANT: Contra Costa Waste Service, Inc. , et al FEB 0 4 1Qg7 ATTORNEY: c/o David Silverman MARTINEZCAUF. Jaffe, Tnrtanich, Scatena, & Bhuoate received ADDRESS: 155 Sansome, Ste. 700 BY DELIVERY TO CLERK ON February 3, 1997 San Francisco, CA 94104 BY MAIL POSTMARKED: January 31, 1997 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATGNELOR Clerk DATED: February 4, 1997 : Deputy /S �- 11. FROM: County Counsel TO. Clerk of the Board of Supervisors k/1 This claim complies substantially with Sections 910 and 910.2. ge< C4r_ ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and %* are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a Tate claim (Section 911.3). Other: �`-1ut�2Ci i l2! �.ruC� �1/t.•[ Ltivt�`L d� Dated: f�I ' 0Y: y at{' Ua- R.t32 Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( } This Claim is refected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By. , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. 1f you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator JAFFE, TRUTANICH, SCATENA & BLUM A PROFESSIONAL LAW CORPORATION LOS ANCELFS SAN FRANCISCO 222 WEST SIXTH STREET,SUITE 920 155 SANSOME STREET,SUITE 700 SAN PEDRO,CA 90731 SAN FRANCISCO,CA 94104 TELEPHONE 610)548-410 RECEIVED TELEPHONE(4151397-9006 FACSIMILE(310)832-3394 FAC9MLE t415)397-1339 January 31, 1997 3 �qq7 PLEASE REPLY TO:SAN FRANCISCO �"�-- Contra Costa County Public Works Department CLERK BOARD OF SUPERVISORS c/o Contra Costa County Clerk of Board of Supery CONTRA COSTA CO. 251 Pine Street Martinez, CA 94553 Re: Submission of Claim to Contra Costa County Public Works Department Ladies and Gentlemen: This correspondence represents a formal notice of claim to the State of California pursuant to California Government Code §905.2 and contains the necessary information required under Government Code §910. 1. Name and Mailing Address of Claimant(s): a. Contra Costa Waste Service, Inc. b. Pittsburg Disposal & Debris Box Service, Inc. c. Pitsil, Inc. d. Silvio Garaventa, Sr. e, Silvio Garaventa, Jr. I. Mary C. Garaventa g. Silvio Garaventa, Sr. as Trustee of Garaventa Family Trust h. The Garaventa Family Trust i. G.B.F. Company c/o David Silverman Jaffe, Trutanich, Scatena, & Blum 155 Sansome, Suite 700 San Francisco, CA 94104 2. Dollar Amount of Claim and Jurisdiction: The dollar amount of this claim exceeds $25,000.00. The appropriate court jurisdiction is the Superior Court. 3. Date of Damage or Iniurv: The injury to Claimants began in 1975 and continues to this date. Contra Costa County Public Works Department January 31, 1997 Page 2 4. Location of Damage or Injury 88-acre parcel of land where Contra Costa Sanitary Landfill operated near the intersection of Paso Corto Road and Somersville Road in an unincorporated portion of Contra Costa County, near the City of Antioch. The parcel is bordered to the south by Paso Corto Road, to the west by Somersville Road and to the northeast by Contra Costa Canal. 5. Explanation of Circumstances That Led to Damage or Injury: Contra Costa Waste Service leased the Site in 1960 and operated a solid waste land fill. IT Corporation subleased a portion of the Site and commenced operation of liquid hazardous waste disposal ponds. IT operated its liquid hazardous waste ponds until 1974. At the time of closure, the liquid waste ponds were abandoned in place by IT Corporation. This has resulted in the hazardous waste percolating down to and contaminating the groundwater. Approximately 30 million dollars will be required to remediate the Site. According to EPA documentation, Contra Costa County Public Works Department generated approximately 540 barrels of sludge that were disposed in the IT Corporation ponds in 1974. This material may be contributing to the contamination of soil and groundwater. 6. Claimed Injury Resulting From State's Actions: Claimants have suffered damages in the form of investigation and remediation costs required to address the contamination problems. 7. Computation of Damages: The amount claimed by Claimants is in excess of $25,000.00 and has yet to be fully determined. 8. Recipient of Official Notices and Other Correspondence: David Silverman Jaffe, Trutanich, Scatena, & Blum 155 Sansome, Suite 700 San Francisco, CA 94104 (415) 397-9006 Contra Costa County Public Works Department January 31, 1997 Page 3 9. Preferred Hearing Location: San Francisco, California DATED: t r3 c Iq JAFFE, TRUTANICH, SCATENA & BLUM DAVID SILVERMAN, Attomey for Claimants 525-1156\cor\cccpwd.dhs 7 \ \ / - / ) f / ( ! { \ \ \ / - } \ \ / f , @ ® _ ( � k \ 00 . ƒ k \ p ; a . mm , n i o § § J ( , > ; ° � � � 0 \ CIO [ 2{ : . . y. \ \ § ' � \ ( \ � ~ � 7 o \ = q 0 ` 2 + \ ƒ , —ri February 25, 1997 Per Andrea Cassidy, this is not to be treated as a claim but as a statutory letter. t �� i PUBLIC WORKS DEPARTMENT COUNTY COUNSEL CONTRA COSTA COUNTY MARIfNEZCAUIF. DATE: February6, 1997 TO: Vic Westman, County Counsel 1 RECEIVE I FROM: J. Michael Walford, Public Works Director I FEB T21 1997 SUBJECT: GBF/Pittsburg Landfill Citizen Suit /� ICLERK BOARD OF SUPERVISORS L_ CON}-Rq COSTA i We are forwarding for your review the attached "Prior Notice of Citizen Suit" addressed to all defendants. Public Works Department is a named defendant. Please et us know if there is anything we need to do at this time. JMW:djh gAadminymMviestman.t2 c: Risk Management (w/attachment) D. Graves I JAFFE, TRUTANICH, SCATENA & BLUM A PROFESSIONAL LAW CORPORATION LOS ANGELES SAN FRANCISCO 222 WEST SIXTH STREET,SUITE 920 155 SANSOME STREET,SUITE 700 SAN PEORO,CA 90731 SAN FRANCISCO,CA 94104 TELEPHONE(310)548-0410 TELEPHONE(415)397-9006 FACSIMILE(310)832-3394 FACSIMILE(4151 397-1339 PLEASE REPLY TO:SAN FPANC15CO Certified Mail - Return Receipt Requested January 15, 1997 TO ALL PROSPECTIVE DEFENDANTS (See Service List attached) Re: GBF/Pittsburg Landfill, Somersville Road and James Donlon Blvd., Contra Costa County, California Prior Notice of Citizen Suit Dear Prospective Defendants: Contra Costa Waste Service, Inc., Pittsburg Disposal & Debris Box Service, Inc., Silvio Garaventa, Sr., Silvio Garaventa, Jr., Mary Garaventa, GBF Company, a dissolved partnership, Silvio Garaventa, Sr., as Trustee of the Garaventa Family Trust, the Garaventa Family Trust, and the City of Pittsburg (collectively referred to hereinafter as "CCWS") hereby give notice of their intention to file a citizen's suit pursuant to Sections 7002(a)(1)(B) and 7002(b)(2)(A) of the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6972(a)(1)(B) and 6972(b)(2)(A), and additional claims pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act("CERCLA"), 42 U.S.C. §§ 9601 et sem., the Carpenter-Presley-Tanner Hazardous Substance Account Art, California Health & Safety Code § 25300 et sem. ("HSAA"), and other related state and federal claims. These claims arise from the contamination by hazardous wastes, including, but not limited to, chlorinated hydrocarbons, oil, sulfuric acid waste, sludge, solvents, paint sludge, benzene, tar, caustic waste, xylene, beryllium, asbestos, potassium cyanide, pesticides, medical waste, zinc sludge, peroxide waste, and other chemical wastes, of the soil and groundwater at the GBF/Pittsburg Landfill, located at Somersville Road and James Donlon Blvd., Contra Costa County, California (the "Site"), and the migration of such contamination from the Site. These claims are founded on the following facts and circumstances. In 1960, Industrial Tank ("IT") sub-leased from CCWS the IT site (which was later re-named the "GBF" site when GBF Company bought it in December 1973) for the purpose of construction and operation of unlined disposal "ponds" for Class I liquid hazardous wastes. These "ponds" consisted of shallow holes, resembling craters, that IT dug out of the soil. IT's Prospective Defendants January 15, 1997 Page 2 disposal of liquid hazardous wastes in these unlined ponds continued through late 1973 or early 1974, by which time IT had disposed of more than 86.9 million gallons of liquid hazardous wastes. The IT hazardous waste ponds covered the majority of the 63-acre GBF landfill. Approximately 50% of this liquid hazardous waste has now infiltrated into the vadose zone. (Jubboori, Vadose Zone Investigative Report, March 1995). IT operated the Site, or portions thereof, as a liquid hazardous waste disposal facility from approximately 1960 through late 1973 or early 1974, when IT ceased operations and abandoned the Site, in violation of RWQCB orders. IT collected hazardous wastes from the generators identified on the attached list, for disposal at the Site. IT did not treat any of this hazardous waste prior to dumping it, and IT made no effort either to line or to cover the "ponds". In fact, IT has admitted that it designed the ponds to allow the hazardous wastes dumped into them to "percolate" through the soil. The generators of these liquid hazardous wastes benefitted significantly from IT's virtually cost- free land disposal of their wastes. Together with IT, these hazardous waste generators are responsible for remediation of their hazardous wastes. All of the parties named on the attached list are generators of hazardous wastes disposed at the Site, except for Mary Grace (Prewett) Bertsch and Harold Prewett (former owners of the Site); Louis Mascheroni, William Ratto, Pittsburg Disposal Service (former operators at the Site), and the State of California. There are no known facts indicating any disposal of hazardous wastes by CCWS at the GBF solid waste landfill, the Pittsburg solid waste landfill, or the Contra Costa sanitary solid waste landfill. The California Department of Toxic Substances Control requires remediation at the Site pursuant to its Second Amended Remedial Action Order dated July 28, 1993, Docket No. HSA 87/88- 012A. The present cost estimate for remediation is approximately $32,614,200. This amount may change, depending on the extent of remediation required and other factors. The Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., permits citizen's suits by any person against any other person "who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment", as well as against any past or present generators, transporters, owners, and operators of treatment, storage, or disposal facilities. 42 U.S.C. § 6972 (a)(1)(B). This provision permits the court to grant injunctive relief ordering immediate site remediation. Prospective Defendants January 15, 1997 Page 3 The activities giving rise to the RCRA citizens' suit claims by CCWS includes the handling, storage, and "disposal", as defined at 42 U.S.C. § 6903(3), of "solid waste", as defined at 42 U.S.C. § 6903(27), or "hazardous waste", as defined at 42 U.S.C. § 6903(5), at or in the vicinity of the Site. More particularly, the parties identified on the attached list are liable for generating, handling, storing, treating, transporting, and disposing of hazardous wastes, or contributing to the generating, handling, storing, treating, transporting, or disposing of hazardous wastes at the Site. The State is liable for contributing to the disposal of hazardous waste at the Site by negligently failing to enforce IT's groundwater monitoring obligations at the Site both during IT's hazardous waste dumping and after IT ceased dumping hazardous wastes at the Site as required by the Regional Water Quality Control Board ("RWQCB"). IT's liquid hazardous waste ponds leaked into the groundwater. In 1986, Contra Costa Waste Service, Inc. performed its own site investigation, discovered the groundwater contamination, and brought it to the attention of the RWQCB. The State is also liable for contributing to the disposal of hazardous waste at the Site by inducing Contra Costa Waste Service to transport municipal waste to the Site for IT to dump into the liquid hazardous waste ponds, rather than requiring IT to properly clean up and close the ponds. IT's proposal to soak up liquid hazardous waste in the ponds with municipal garbage was viewed by the State as an effective method to prevent the waste from migrating to groundwater, and was approved and promoted by the State. In addition, the former owners of the Site, the Prewetts, the former operators of the Site, Louis Mascheroni and William Ratto and Pittsburg Disposal Service, the generators of hazardous wastes disposed on the Site, and the State, are strictly and jointly and severally liable for all costs of hazardous substance response under both the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et M. and the Carpenter -Presley - Tanner Hazardous Substance Account Act, California Health and Safety Code §§ 25300 et seq. All parties on the attached list are persons who have contributed to the past or present generating, handling, storage, treatment, transportation, or disposal of a solid or hazardous waste which may present an imminent and substantial endangerment to health or to the environment. The address and telephone number of the parties giving this notice is as follows: c/o Contra Costa Waste Service, Inc. P.O.Box 5397 Concord, CA 94520 (510) 689-8390 Prospective Defendants January 15, 1907 Page 4 The address and telephone number of the legal counsel representing the parties giving notice is as follows: David Silverman Jaffe, Trutanich, Scatena, & Blum 155 Sansome Street, Suite 700 San Francisco, CA 94104 (415) 397-9006 If you have any questions, please contact the undersigned. Yours truly, JAFFE, TRUTTAANICHH,, SSCCA�TENA & BLUM DAVID SILVERMAN DS/mbc 525.1156/cor/rcra.not cc: Carol Browner, Administrator, U.S. Environmental Protection Agency Felicia Marcus, Regional Administrator, Region 9, U.S. Environmental Protection Agency James M. Strock, Executive Director, California Environmental Protection Agency Ralph Chandler, Executive Director, California Integrated Waste Management Board Jesse Huff, Executive Director, Department of Toxic Substances Control Walter Petit, Executive Director, State Water Resources Control Board James R. Bennett, Executive Director, Central Valley Regional Water Quality Control Board Silvio Garaventa, Jr. Michael R. Woods SERVICE LIST - PRIOR NOTICE OF RCRA CITIZEN'S SUIT c/o Scott Gordon, Esq. Bruen & Gordon 1990 North California Boulevard, Suite 940 Walnut Creek, CA 94596 MEMBERS OF THE GBF/PITTSBURG LANDFILL(S) RESPONDENTS GROUP: Ashland, Inc. (for Ashland Chemical Company) Beazer East, Inc. (for Koppers Company, Inc.) Caterpillar, Inc. Chevron Chemical Company and Chevron U.S.A., Inc. (for Chevron Corporation) Cooper Industries, Inc. (for Campbell Chain Co.) Crown Beverage Packaging, Inc. (for Continental Can Company) The Dow Chemical Company (for Dow Chemical U.S.A.) E.I. Du Pont De Nemours and Company Exxon Company U.S.A. (for Exxon Corp.) Fairchild Semiconductor Corporation Fibreboard Corporation Gaylord Container Corporation (for Crown Zellerbach) General Motors Corporation Great Western Chemical Company Hewlett Packard Company IT Corporation (for Industrial Tank, Inc.) Laidlaw Corporation Lockheed Martin Corporation (by Lockheed Martin Missiles & Space) Maxus Energy Corporation (for itself and on behalf of Occidental Chemical Corporation) Nestle Food Co. Occidental Chemical Corporation (successor to Diamond Shamrock Chemicals Corporation) Paccar Inc (for Peterbilt Motors Company) Pacific Gas and Electric Company Phillips Petroleum Company The Pillsbury Company (for Tillie Lewis Foods) Rheem Manufacturing Company Schuller International, Inc. (for Manville Sales Corporation) Shell Oil Company Henry Simonsen, an individual Southern Pacific Transportation Company Stauffer Management Company (for Rhone-Poulenc, Inc.) Texaco, Inc. (for Getty Oil Co.) Triangle Wire & Cable, Inc. Union Oil Company of California (dba UNOCAL) USX Corporation (for U.s. Steel Corporation and Columbia Steel) Witco Corporation 525-1156\rcra-not.1st 1 Additional Prospective Defendants: C/S Oscar E. Erickson, Inc. Chemical & Pigment Co. Stauffer Chemical (ICI Americas) Weldon Leather Co. Pacific Energy Corp. Pittsburg Sewage Action Processing Co. Big Chief Drilling Standard Oil Pacific Chemical and Resin Mt. View Sanitary Dist. Contra Costa County Public Works Dept. Columbia Steel Inc. Crown Zellerbach Continental Can Company, Inc. San Pablo Refinery West Pac Carter Deluxe Houseboat Rental Cesco M-T Vapor Float, Inc. Sequoia U.S. Peroxide Libby, McNeil & Libby Davis Wire Collier Carbon & Chemcial Future Systems, Inc. Santa Fe Imperial Coatings Anas Naval Air Station Air California Basalt Rock Company P.I.E. Borden Chemical EPA Product Laboratory Major Maintenance Naval Weapons Station-Comtroller Dept. Alameda Naval Air Station, U.S. Department of the Navy Arcata Graphics (now known as Quebecor) Asta Trucking company (now known as Al Johnson Construction Company) James R. Bennett, Executive Director Central Valley Regional Water Quality Control Board 525-1156\rcra-not.1sb 2 3443 Routier Road, Suite A Sacramento, CA. 95827-3098 Mary Grace (Prewett) Bertsch 1536 Bryant Street Palo Alto, CA. 94300 Carol Browner, Office of the Administrator U.S. Environmental Protection Agency 401 M. Street, S.W Washington D.C. 20460 Cesco; Cesco Magnetics (now known as Browning Ferris Industries, Inc.) Chemical and Pigment Company City of Brentwood Ms. Donna Rogers, Deputy City Clerk Brentwood City Admininstrative Offices 708 Third Street Brentwood, CA 94513 Clean Bay, Inc. Colgate Palmolive Comptroller Department, Concord Naval Weapons Station, U.S. Department of the Navy Emcon Associates Golden Technology Hexcel Corporation Jesse Huff, Executive Director Department of Toxic Substances Control 400 P. Street Sacramento, CA. 95814 Hunters Point Naval Shipyard, U.S. Department of the Navy J & J Disposal (now known as J&G Disposal) Libby, McNeill & Libby (now known as Nestle USA, Inc) Major Maintenance Felicia Marcus, Regional Administrator Environmental Protection Agency, Region IX 75 Hawthorne Street San Francisco, CA 94104 Louis Mascheroni 525-1156\rcra-not.lst 3 c/o O.F. Fenstermacher 2700 Ygnacio Valley Road, Suite 240 Walnut Creek, CA. 94598 Naval Regional Finance Center, Treasure Island, U.S. Department of the Navy Pacific Coast Electric Company Walter Petit, Executive Director State Water Resources Control Board 901 P. Street Sacramento, CA. 95814 Pittsburg Disposal Service c/o O.F. Fenstermacher 2700 Ygnacio Valley Road, Suite 240 Walnut Creek, CA. 94598 Harold William Prewitt 2973 Arguello Drive Burlingame, CA. 94010 Pro-Tec Chemical Company William Ratto c/o O.F. Fenstermacher, Esp. 2700 Ygnacio Valley Road. Suite 240 Walnut Creek, CA 94598 Raychem Corporation Ringsby Truck Lines Shell Chemical Company James M. Strock Secretary, California Environmental Protection Agency 555 Capital Mall, Suite 235 Sacramento, CA 95814 _ Tracy Army Depot, U.S. Department of the Army, Defense Logistics Zep Manufacturing Company a 1 525-1156\rcra-notlst 4 nh o "LS V (Il a^v M Uu aC (d N v 14 0 m v o •�+ C3 `� } 10 N o 0 p U f N y U Ca (l1 (1- tL 7 mC rt 5 3 � V sa zv V � r �^ 1i0 '1ct �, uc 7 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA April 1, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Go' �i ode Amount: Unimown Section 913 and 915.4. Please note all " ID CLAIMANT: Contra Costa Waste Service, Inc. , et a]. FEB 2 4 1997 ATTORNEY: David Silverman COUNTY COUNSEL Jaffe, Trutanich, Scatena, & B1umDate received MARTINEZ CALIF. ADDRESS: 155 Sansome St. , Ste. 700 BY DELIVERY TO CLERK ON February 21, 1997 San Francisco, CA 94104 BY MAIL POSTMARKED: Via: County Counsel 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: February 24, 1997 1[;IIL ReAp�iyLOR, Citrk� 7�,, A_ 14-1 , 11. FROM: County Counsel TO: Clerk of the Board of Supervisors { ) This claim complies substantially with Sections 910 and 910.2. { ) This claim FAIL$ to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. �J5 ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk. By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions. you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF NAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18: and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator rio FE ? � PUBLIC WORKS DEPARTMENT COUNTY COLMSa CONTRA COSTA COUNTY MARTINEZ CAUF DATE: February 6, 1997 TO: Vic Westman, County Counsel RECEIVED FROM: J. Michael Walford, Public Works Director FEB 2 1 1997 SUBJECT: GBF/Pittsburg Landfill Citizen Suit CLERK BOARD OF SUPERVISORS ' CONTRA COSTA CO. We are forwarding for your review the attached "Prior Notice of Citizen Suit" addressed to all defendants. Public Works Department is a named defendant. Please at us know if there is anything we need to do at this time. JMW:djh q:WrrJnYmwl vW=n.Y! c: Risk Management (w/attachment) D. Graves JAFFE, TRUTANICH, SCATENA & BLUM A PROFESSIONAL LAW CORPORATION L05 ANGELES SAN FRANCISCO 222 WEST SIXTH STREET,SUITE 920 155 SANSOME STREET,SUITE 7W SAN PEDRO,CA W731 SAN FRANCISCO,CA 94104 TELEPHONE(310)$48-0410 TELEPHONE(415)397-906 FACSIMILE(3101832-3394 FACSIMILE(415)397-1139 PLEASE REPLY TO!SAN FRANCISCO Certified Mail - Return Receipt Requested January 15, 1997 TO ALL PROSPECTWE DEFENDANTS (See Service List attached) Re: GBF/Pittsburg Landfill, Somersville Road and James Donlon Blvd., Contra Costa County, California Prior Notice of Citizen Suit Dear Prospective Defendants: Contra Costa Waste Service, Inc., Pittsburg Disposal & Debris Box Service, Inc., Silvio Garaventa, Sr., Silvio Garaventa, Jr., Mary Garaventa, GBF Company, a dissolved partnership, Silvio Garaventa, Sr., as Trustee of the Garaventa Family Trust, the Garaventa Family Trust, and the City of Pittsburg (collectively referred to hereinafter as "COWS") hereby give notice of their intention to file a citizen's suit pursuant to Sections 7002(a)(1)(B) and 7002(b)(2)(A) of the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6972(a)(1)(B) and 6972(b)(2)(A), and additional claims pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act("CERCLA"), 42 U.S.C. §§ 9601 et seg., the Carpenter-Presley-Tanner Hazardous Substance Account Act, California Health & Safety Code § 25300 et M. ("HSAA"), and other related state and federal claims. These claims arise from the contamination by hazardous wastes, including, but not limited to, chlorinated hydrocarbons, oil, sulfuric acid waste, sludge, solvents, paint sludge, benzene, tar, caustic waste, xylene, beryllium, asbestos, potassium cyanide, pesticides, medical waste, zinc sludge, peroxide waste, and other chemical wastes, of the soil and groundwater at the GBF/Pittsburg Landfill, located at Somersville Road and James Donlon Blvd., Contra Costa County, California (the "Site"), and the migration of such contamination from the Site. These claims are founded on the following facts and circumstances. In 1960, Industrial Tank ("IT") sub-leased from CCWS the IT site (which was later re-named the "GBF" site when GBF Company bought it in December 1973) for the purpose of construction and operation of unlined disposal "ponds" for Class I liquid hazardous wastes. These "ponds" consisted of shallow holes, resembling craters, that IT dug out of the soil. IT's Prospective Defendants January 15, 1997 Page 2 disposal of liquid hazardous wastes in these unlined ponds continued through late 1973 or early 1974, by which time IT had disposed of more than 86.9 million gallons of liquid hazardous wastes. The IT hazardous waste ponds covered the majority of the 63-acre GBF landfill. Approximately 50% of this liquid hazardous waste has now infiltrated into the vadose zone. (Jubboori, Vadose Zone Investigative Report, March 1995). IT operated the Site, or portions thereof, as a liquid hazardous waste disposal facility from approximately 1960 through late 1973 or early 1974, when IT ceased operations and abandoned the Site, in violation of RWQCB orders. IT collected hazardous wastes from the generators identified on the attached list, for disposal at the Site. IT did not treat any of this hazardous waste prior to dumping it, and IT made no effort either to line or to cover the "ponds". In fact, IT has admitted that it designed the ponds to allow the hazardous wastes dumped into them to "percolate" through the soil. The generators of these liquid hazardous wastes benefitted significantly from IT's virtually cost- free land disposal of their wastes. Together with IT, these hazardous waste generators are responsible for remediation of their hazardous wastes. All of the parties named on the attached list are generators of hazardous wastes disposed at the Site, except for Mary Grace (Prewett) Bertsch and Harold Prewett (former owners of the Site); Louis Mascheroni, William Ratto, Pittsburg Disposal Service (former operators at the Site), and the State of California. There are no known facts indicating any disposal of hazardous wastes by CCWS at the GBF solid waste landfill, the Pittsburg solid waste landfill, or the Contra Costa sanitary solid waste landfill. The California Department of Toxic Substances Control requires remediation at the Site pursuant to its Second Amended Remedial Action Order dated July 28, 1993, Docket No. HSA 87188- 012A. The present cost estimate for remediation is approximately $32,614,200. This amount may change, depending on the extent of remediation required and other factors. The Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., permits citizen's suits by any person against any other person "who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment", as well as against any past or present generators, transporters, owners, and operators of treatment, storage, or disposal facilities. 42 U.S.C. § 6972 (a)(1)(B). This provision permits the court to grant injunctive relief ordering immediate site remediation. Prospective Defendants January 15, 1997 Page 3 The activities giving rise to the RCRA citizens' suit claims by CCWS includes the handling, storage, and "disposal", as defined at 42 U.S.C. § 6903(3), of "solid waste", as defined at 42 U.S.C. § 6903(27), or "hazardous waste", as defined at 42 U.S.C. § 6903(5), at or in the vicinity of the Site. More particularly, the parties identified on the attached list are liable for generating, handling, storing, treating, transporting, and disposing of hazardous wastes, or contributing to the generating, handling, storing, treating, transporting, or disposing of hazardous wastes at the Site. The State is liable for contributing to the disposal of hazardous waste at the Site by negligently failing to enforce IT's groundwater monitoring obligations at the Site both during IT's hazardous waste dumping and after IT ceased dumping hazardous wastes at the Site as required by the Regional Water Quality Control Board ("RWQCB"). IT's liquid hazardous waste ponds leaked into the groundwater. In 1986, Contra Costa Waste Service, Inc. performed its own site investigation, discovered the groundwater contamination, and brought it to the attention of the RWQCB. The State is also liable for contributing to the disposal of hazardous waste at the Site by inducing Contra Costa Waste Service to transport municipal waste to the Site for IT to dump into the liquid hazardous waste ponds, rather than requiring IT to properly clean up and close the ponds. IT's proposal to soak up liquid hazardous waste in the ponds with municipal garbage was viewed by the State as an effective method to prevent the waste from migrating to groundwater, and was approved and promoted by the State. In addition, the former owners of the Site, the Prewetts, the former operators of the Site, Louis Mascheroni and William Ratio and Pittsburg Disposal Service, the generators of hazardous wastes disposed on the Site, and the State, are strictly and jointly and severally liable for all costs of hazardous substance response under both the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et sept . and the Carpenter-Presley -Tanner Hazardous Substance Account Act, California Health and Safety Code §§ 25300 et sea. All parties on the attached list are persons who have contributed to the past or present generating, handling, storage, treatment, transportation, or disposal of a solid or hazardous waste which may present an imminent and substantial endangerment to health or to the environment. The address and telephone number of the parties giving this notice is as follows: c/o Contra Costa Waste Service, Inc. P.O.Box 5397 Concord, CA 94520 (510) 689-8390 Prospective Defendants January 15, 1997 Page 4 The address and telephone number of the legal counsel representing the parties giving notice is as follows: David Silverman Jaffe, Trutanich, Scatena, & Blum 155 Sansome Street, Suite 700 San Francisco, CA 94104 (415) 397-9006 If you have any questions, please contact the undersigned. Yours truly, JAFFE, TRUTANICH, SCATENA & BLUM rAV', DAVID SILVERMAN DS/mbc 525.1156/cor/rcra.not cc: Carol Browner, Administrator, U.S. Environmental Protection Agency Felicia Marcus, Regional Administrator, Region 9, U.S. Environmental Protection Agency James M. Strock, Executive Director, California Environmental Protection Agency Ralph Chandler, Executive Director, California Integrated Waste Management Board Jesse Huff, Executive Director, Department of Toxic Substances Control Walter Petit, Executive Director, State Water Resources Control Board James R. Bennett, Executive Director, Central Valley Regional Water Quality Control Board Silvio Garaventa, Jr. Michael R. Woods SERVICE LIST - PRIOR NOTICE OF RCRRA CITIZEN'S SUIT c/o Scott Gordon, Esq. Bruen & Gordon 1990 North California Boulevard, Suite 940 Walnut Creek, CA 94596 MEMBERS OF THE GBFIPITTSBURG LANDFILUS) RESPONDENTS GROUP: Ashland, Inc. (for Ashland Chemical Company) Beazer East, Inc. (for Koppers Company, Inc.) Caterpillar, Inc. Chevron Chemical Company and Chevron U.S.A., Inc. (for Chevron Corporation) Cooper Industries, Inc. (for Campbell Chain Co.) Crown Beverage Packaging, Inc. (for Continental Can Company) The Dow Chemical Company (for Dow Chemical U.S.A.) E.I. Du Pont De Nemours and Company Exxon Company U.S.A. (for Exxon Corp.) Fairchild Semiconductor Corporation Fibreboard Corporation Gaylord Container Corporation (for Crown Zellerbach) General Motors Corporation Great Western Chemical Company Hewlett Packard Company IT Corporation (for Industrial Tank, Inc.) Laidlaw Corporation Lockheed Martin Corporation (by Lockheed Martin Missiles & Space) Maxus Energy Corporation (for itself and on behalf of Occidental Chemical Corporation) Nestle Food Co. Occidental Chemical Corporation (successor to Diamond Shamrock Chemicals Corporation) Paccar Inc (for Peterbilt Motors Company) Pacific Gas and Electric Company Phillips Petroleurn Company The Pillsbury Company (for Tillie Lewis Foods) Rheem Manufacturing Company Schuller International, Inc. (for Manville Sales Corporation) Shell Oil Company Henry Simonsen, an individual Southern Pacific Transportation Company Stauffer Management Company (for Rhone-Poulenc, Inc.) Texaco, Inc. (for Getty Oil Co.) Triangle Wire & Cable, Inc. Union Oil Company of California (dba UNOCAL) USX Corporation (for U.s. Steel Corporation and Columbia Steel) Witco Corporation 525-11561rcra-not.1st 1 Additional Prospective Defendants: CIS Oscar E. Erickson, Inc. Chemical & Pigment Co. Stauffer Chemical (ICI Americas) Weldon Leather Co. Pacific Energy Corp. Pittsburg Sewage Action Processing Co. Big Chief Drilling Standard Oil Pacific Chemical and Resin Mt. View Sanitary Dist. Contra Costa County Public Works Dept. Columbia Steel Inc. Crown Zellerbach Continental Can Company, Inc. San Pablo Refinery West Pac Carter Deluxe houseboat Rental Cesco M-T Vapor Float, Inc. Sequoia U.S. Peroxide Libby, McNeil & Libby Davis Wire Collier Carbon & Chemcial Future Systems, Inc. Santa Fe Imperial Coatings Anas Naval Air Station Air California Basalt Rock Company P.I.E. Borden Chemical EPA Product Laboratory Major Maintenance Naval Weapons Station-Comtroller Dept. Alameda Naval Air Station, U.S. Department of the Navy Arcata Graphics (now known as Quebecor) Asta Trucking company (now known as Al Johnson Construction Company) James R. Bennett, Executive Director Central Valley Regional Water Quality Control Board 525-1156trera-noclsr 2 3443 Routier Road, Suite A Sacramento, CA. 95827-3098 Mary Grace (Prewett) Bertsch 1536 Bryant Street Palo Alto, CA. 94300 Carol Browner, Office of the Administrator U.S. Environmental Protection Agency 401 M. Street, S.W Washington D.C. 20460 Cesco; Cesco Magnetics (now known as Browning Ferris Industries, Inc.) Chemical and Pigment Company City of Brentwood Ms. Donna Rogers, Deputy City Clerk Brentwood City Admininstrative Offices 708 Third Street Brentwood, CA 94513 Clean Bay, Inc. Colgate Palmolive Comptroller Department, Concord Naval Weapons Station, U.S. Department of the Navy Emcon Associates Golden Technology Hexcel Corporation Jesse Huff, Executive Director Department of Toxic Substances Control 400 P. Street Sacramento, CA. 95814 Hunters Point Naval Shipyard, U.S. Department of the Navy J & J Disposal (now known as J&G Disposal) Libby, McNeill & Libby (now known as Nestle USA, Inc) Major Maintenance Felicia Marcus, Regional Administrator Environmental Protection Agency, Region IX 75 Hawthorne Street San Francisco, CA 94104 Louis Mascheroni 525-1156knra-not.1st 3 c/o O.F. Fenstermacher 2700 Ygnacio Valley Road, Suite 240 Walnut Creek, CA. 94598 Naval Regional Finance Center, Treasure Island, U.S. Department of the Navy Pacific Coast Electric Company Walter Petit, Executive Director State Water Resources Control Board 901 P. Street Sacramento, CA. 95814 Pittsburg Disposal Service c/o O.F. Fenstermacher 2700 Ygnacio Valley Road, Suite 240 Walnut Creek, CA. 94598 Harold William Prewitt 2973 Arguello Drive. Burlingame, CA. 94010 Pro-Tec Chemical Company William Ratto c/o O.F. Fenstermacher, Esp. 2700 Ygnacio Valley Road. Suite 240 Walnut Creek, CA 94598 Raychem Corporation Ringsby Truck Lines Shell Chemical Company James M. Strock Secretary, California Environmental Protection Agency 555 Capital Mall, Suite 235 Sacramento, CA 95814 Tracy Army Depot, U.S. Department of the Army, Defense Logistics Zep Manufacturing Company 525-1156\rcra-not.1st 4 e e ` t % �. A � � •% \\ : )5 a \ , . r 23 \ \� & SCt � \1 # « w § , ° \ 0 % / / � y \\ � \} \\ \ k CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA February 25, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailek to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $50,000.00 Section 913 and 915.4. Please note aljjj tUr T� CLAIMANT: Gary Mays J FEB 0 5 1997 ATTORNEY: COUNTY COUNSEL Date received MARTINEZ CALIF. ADDRESS: 5555 Giant Hwy. BY DELIVERY TO CLERK ON February 4, 1997 Richmond, CA 94806 BY NAZI POSTMARKED: February 3, 1997 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. r DATED: February 4, 1997 VIL LAT yL4R+ Clerk It. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( } This claim FAILS to comply substantially with Sections 910 and 910.2, and me are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( } Other: Dated: 1� 1S �� BY: ' ' "" tl Deputy County Counsel III. FROM. Clerk of the Board To: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (Y) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: FEB 2 5 M7 PHIL BATCHELOR, Clerk, ��c. ` ` – , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown 1abboovve. y Dated: FEB 27 t��( BY: PHIL BATCHELOR —�beputy Clerk CC: County Counsel County Administrator Claim ?.o: D= OF SOPER7URM OF CONMA C=A =RrY INSPRDC710N5 710 C1.ADWIT A. Maim relating to causes of action for death or for injury to person or to per- sonal property or growing crops and Which accrue on or before December 31, 19879 sust be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for Injury to person or to personal property on growing crops and Which accrue on ar after January 1, 1988, crust be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action suat be presented not later than one year after the accrual of the cause of action. (Govt. Code $911.2.) B. Cloaca lust be tiled With the Clerk of the Board of Supervisors at its office in Aocm 1061 County Administration Building, 651 Pine Street, Martinez, Ck 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against sore than one public entity, separate claims mast be filed against each public elitity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the and of this 3"orm. a • • aarara • raaara • raa � aaaaaaaaarraaaaaarrarr $E: Claim By Aeserved for Clark's filing stamp j RECEIVED 1p—inst the County of Contra Costa or ) District) CLE e� t • �/ cr>visoRs TFill 1n name ) ^c ' The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of 4 M and in support of this claim represents as follows: 1. iahen did the damage or injury occur? (Give exact date and hour) s. i7xr6 aid L;W a W6 ;&A w W: ;Ac T cwureys d y �+xY�:iuc+e isaLy iriiuivi�w;y) 3. Bowdidthe damage or Injury occur? (dive full details= use extra papar if 4. What particular act or amiasiM on the part of county or district officers, servants or employees caused the injury or damage? (over) 5. What are the names of county or district officers, servants or employees osusing the damage or injury? , 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7. Now Was the amount claimed above ocmputed? (Include the estimated amount of any prospective injury or damage.) t 8. Hames and addresses of Witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE TEEM ODMIT eaataaaaaaaaaasaaaaeeaaaaeaaaeaaaa : a aaeaaa Gov. Code Sec. 910.2 provides: Me SEND NOTICES T0; (Attorney) or csome laim mePerson on hht be iad bhathe^claimant Name and Address of Attorney la 7t s ignature (Address) Telephone -Mo. ieic"piiuii2 "ri0. eeeaaea f� .i X eweaaaeaa A as a 0 I C Section 72 of the Penal Code provides: "Every person Who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars (=10,0009 or by both such imprisonment and fine. 2 D W m C b ZO v a r v 1 LO � t C 2 N _� CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA February 25, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mails(to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors s�7�{�,� (Paragraph IV below), given pursuant to GR'LL V m Mount: Unknown Section 913 and 915.4. Please note all gs• CLAIMANT: Sheila McDaniel JAN 2 8 1997 ATTORNEY: c/o Attorney Harvey Sohnen MARTIN COUNSEL Page & Sohnen Date received ADDRESS: 1280 Boulevard Way, Ste. 202 BY DELIVERY TO CLERK ON January 28, 1997 Walnut Creek, CA 94595 Hand Delivered BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL gATCi{ELDR, Clerk DATED: January 28, 1997 Bl: bepuiy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors K) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ) /� BY: (22v � L� Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. y Dated: FEB 2 5 1997 PHIL BATCHELOR, Clerk, Deputy Clerk WARNING (Gov. code section 913) Subject to Certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all tines herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: / FEB 2 7 1997 BY: PHIL BATCHELOR�yJ T '64'— Deputy Clerk CC: County Counsel County Administrator In the Matter of the Claim of SHEILA McDANIEL, Claimant V. CLAIM AGAINST PUBLIC ENTITY CITY OF RICHMOND, COUNTY > RECEIVED OF CONTRA COSTA, Does 1-20, L Inclusive. A 2 8 0T oosa► SHEILA McDANIEL hereby presents this claim to the City of Richmond and County of Contra Costa pursuant to § 910 of the California Government Code. 1. The name and current post office address for SHEILA McDANIEL is as follows: P.O. 1934, Clearlake Oaks, CA 95423. 2. The post office address to which SHEILA McDANIEL desires notice of this claim to be sent is as follows: c/o Attorney Harvey Sohnen, PAGE & SOHNEN, 1280 Boulevard Way, Suite 202, Walnut Creek, CA 94595, telephone (510) 945-1117. 3. Date, Place and Circumstances: (1) SHEILA McDANIEL, a physically handicapped person, who is paralyzed from the chest down, and who requires use of a wheelchair in order to move about, was arrested at the Hilltop Mall, apparently on a bailable bench warrant for failure to appear in court pursuant to a citation on a misdemeanor. The date and time of the arrest was July 31, 1996, at approximately 1 p.m. She was taken to the Richmond jail where she was advised that the jail did not have any access for wheelchair users, and as a result, that she would have to be taken to the countyjail in Martinez. As a result of the lack of access at the Richmond jail, she was transported to Martinez and was incarcerated longer and suffered further delays in obtaining transportation back to her residence at the time in question, when released. (2) From July 31, 1996, until the morning of August 2, 1996, SHEILA McDANIEL was incarcerated at the county jail in Martinez. She was placed in a regular cell without adequate provisions for her physical limitations and need for accommodations. 4. General Description of Injury or Loss: (1) With regard to the non-accessibility of the Richmond jail, SHEILA McDANIEL was incarcerated for a longer period than she would have been had the jail been accessible and when released from the Martinez jail, had to experience further delays in obtaining transportation back to her residence than would have been involved had she been incarcerated in Richmond. (2) With regard to the county jail in Martinez, SHEILA McDANIEL was denied civil rights of full and equal access to public facilities, was refused appropriate accommodations related to her special needs as an inmate and given inadequate medical attention for her physical condition. She was placed in a regular cell without the necessary accommodations for her condition. S. The names of the specific public employees causing the injury or damage are unknown at this time. On information and belief, all facilities complained of are owned and operated by the City of Richmond and County of Contra Costa. 6. With regard to both (1) and (2): Damages are for denial of civil rights, denial of full and equal access to public facilities, physical injuries, consisting of decubitus sores, and for mental and emotional distress, all in an amount within the jurisdiction of the Superior Court. Dated: PAGE & SOHNEN ey Sohnen PAGE & SOHNEN Attorneys for Claimant SHEILA McDANIEL CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA February 25, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document maile(to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to iG�fo�vie'�rnment Cod T�* Amount: $9,500.00 Section 913 and 925.1. Please note a11I11rayi�II CLAIMANT: Leo Jerome Secrease JAN 2 7 1997 ATTORNEY: J.L. Oliver; Power of Atty. COUNTY COUNSEL for Leo Secrease Date received MARTINEZ CALIF. ADDRESS: 4709 Fullmoon Dr. BY DELIVERY TO CLERK ON January 24, 1997 Richmond, CA 94803 BY MAIL POSTMARKED: January 23, 1997 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 1 DATED: January 27, 1997 lq?L B:ATCVELOR, II. FROM: County Counsel TO: Clerk of the Board of Supervisors A This claim complies substantially with Sections 910 and 910.2. ( } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8)• ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of Claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: 47A7 BYA&�if111 2:Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full, ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: FEB 2 5 1997 PHIL BATCHELOR, Clerk,�y /�t acv — , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the axil to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter, if you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty Of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: FEB 2 7 1997 BY: PHIL BATCHELOR by>`- A'1. a 0�' -Daputy Clerk CC: County Counsel County Administrator laim to: BOARD OF SOPERPISORS OF CQNTRA COSTA CO= DWROCfIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which scecrue on or before December 31, 19870 must be presented not later than the 100th day after the accrual of the cause of action., Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 19889 must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 6911.2.) B. Claims must be filed with the Clerk of the Board of .Supervisors at its office in loom 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. afrs �Ia ■ aarafssaaffsf ■ aaE • ta • atf * * eat ■ aa � vetr RE: Claim By } Reserved for Clerk's filing stamp &o JeRm)& L56 ckSGC } ECONTR nst t unty of Contra Costa IqN2 4 1487Sr K/rx e) o�y e0-,- d .vrvA< ARD OF SUPERVISOR$ District) a cosra co, V111 in name 01AIf7 44-7-• } The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ d0 and in support of this claim represents as follows: c. aa 1. When did the damage or injury occur? (Give exact date and hour) c �c�/) 7�r 2. Where did the damage or injury occur? (/Include city and county) ' /�/L'G'L� +x{-l�.�d° 7�1�,' , -y�J`s ' •'.' C':'� �,(,F X-t'/ �1 y�1�.� C� =�)d �t'a Y+C- ?e?C+* + 1y Now did the or injury occur? (Give full details; use extra paper if required) ?..YW e- - �:Jn.SX.�•L L../a'zp. �;,��,(�i !' .C, >:- trc.Nte-w -,Q ✓Jo>v�.6� �tAo �[�1.✓slfs„•t/Z-- �p CI�e�t, y� tt'.00ae.,a•..�. Aid r..iea. w�fkJ'�4s°=ytq_„ 4. What particular act or cmission on the part of county or district officers, servants or employees caused the injury or damage?,`c/cf<'i,,• t,!c�° fc T'/j't :.,:+.. � 'L`.ale �`1 :'1= . 'L=". ,.i'1'." .G.R�i �+'.+�•+V/.t{.td•+.. ,:.,+.. ,�.. i+✓..t_. L+t�Xttt<[ r!!"� ,may ,�J� .A +IJ'�[C F?r, f/a4`,.:'�F.."�%F.r../. .:i../tc' -.,moo rte.-., ,/ /�'^-^y'"�. .✓�'t/^ 5^7 �'"•OR i:f�. ca"R 1-14—F7 .2Pr ,C�ti'� +.(n..G.K/lZ/C IFLG. ✓�C.l�..'.X.la, /KJ /'LGx�'J.I-I'. v.f.,. �!'-'� L7t �f('1"�'f� f17.4,!a'Snwi• . :G'a'j't i.+ r. LC.¢2rt iC.G.11td.t rt C' ✓/ ,r{ ,.�7lcC'/,tai �'bc`-.�: re..-� �,w7t Lr•= ,✓�„e /�cti�;� (over) 7( ea✓, EZx /-c Liztce, � diWe r�r C�(�e�,�a-R• C) t :a 5. What are the names of county or district officers, servants or employees causing the damage or injury? Gr-z.,�ir G�tc at_ .etal Gj x „ �//1L{ YC 'd`C...'[M` Jt..... �1"•C,(n w�' . I`/t' rt F..L` '{ t 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. (f�'�j1< Z/�¢ Z�L^eX• (.6-�14., a� Y....-__.' 7. H the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) ? '� tr <.; ,.ep/e01 .�,k .:;'a a«K kip y w, Gr rlit✓1//` .✓'E!',C G'✓+a-.r Or... u''� d O t .te t:. dG4..�..�G,rc m :• Zc�cV '.l F t.A rT _ S. Names and �addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT e,7cL mac' # # G�c9Jn1N7 � Gov. Code Sec. 910.2 provides: *The claim must be signed by the claimant SEND NOTICES TO: (Attorn or bv some verson on his behalf." Name and Address of Attorney J..��t,�F ✓ j {✓'it la'cF'A' .^ f. #_ e Claimant s'S� ure H?c1�?r l'": ,�/>rl�!^<x;' �k'•�"' `" Address Telephone No. ZZW W 0Z 171?2. 1 Telephone No, o` , .1 cw L'�' • Kea c� :; , . ID N0TICE Section 72 of the Penal Code provides: *Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the as if genuine, any false or fraudulent claim, bill, account, vouoher, or waiting, is punishable either by imprisonment in the county ,jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. . . . � &r\ \ \ J . � 2 � � ( . � . ; & CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA February 25, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailek to you is your notice of California Government Codes. } the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to tiale.ssr�rt���jt Amount: $250,000.00 Section 913 and 915.4. Please note all • ngs"ti+a CLAIMANT: Karry Daniel Willett JAN 2 8 1997 ATTORNEY: COUNTY COUNSEL MARTINEZ CALIF. Date received ADDRESS: 901 Court St. BY DELIVERY TO CLERK ON January 28, 1997 Martinez, CA 94553 January 27 1997 BY NAZI POSTMARKED: y > 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 28, 1997 PIL BATCVELOR,epu Clerk,�Jj � j 11. FROM:FROM: County Counsel TO: Clerk of the Board of Supervisors (X) This claim Complies Substantially with Sections 910 and 910.2. ( ) This claim FAIL$ to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days ($action 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 1 BY: Deputy County Counsel 1I1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present (x) This Claim is rejected in full. ( } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: FEB 2 5 1997 PHIL BATCHELOR, Clerk, B ��^ M "" — , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Goverment Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today i deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: FEB 2 7 1997 BY: PHIL SATCHELORtb.Z Clerk CC: County Counsel County Administrator filasm ?o: WAM OF SUPEFvLem OF CWMA MSTA muh?y A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and sthich'aecrue an or before December 31, 1987, must be presented not later than the 104th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing craps and Mich accrue on or after January 1, 1986, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code $911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 91553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the mane of the District should be filled in. D. If the claim is against sere than one public entity, separate claims must be filed against each public entity. E. fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this orm. BE: Claim By j D ? Reserved for Clerk's filing stamp RECEIVED nst the County of Contra costa ) $ � n .Qr ✓ c° << JAN 2 District) CLERKBOARDOFSUPERVISORS F ) CONTRA COSTA CO. The undersigned claimant hereby makes claim inst the County of Contra Costa or the above-named District in the sum of $ °aTQr CEJ 0 . U7 and in support of this claim represents as follows: 1. W= did the damage or injury occur? (Give exact date and hour) Fr~U rii I R, Wbers did the or injury occur? (Include ci y and eounty) J�! t c'�c�.,C.,�✓• �, i/lvtc--Gt���a �c.� C'/�f�.h 3. How did the damage or injury com (Give full details use/extra paper if ~ �j required) q1), fr�itcr�,�t C )�/ c /yJ :� Yfoa�u� e �{ .,.f',L./ y� L4' • .G.C.(' © 4. What particular act or omission on the part of county ord}atrict it ersf servants or employees caused injury damage? P ��.c. ,n fz e e p ,srim m G L� // Ct<z l f'y7 t�.'C.c t t a f AG r e c f U v fl r l [{•:.I'cr •.y' ,L. ., l 5. wat are the names of county or district officers, servants or employees causing the damage or injury? C+C.z,, 6. khat damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7. How ties the amount claimed abov oemputed? (include the estWted amount any cove p �� or damagR if),!'1L`: {'I 8. Hames and OdreM3 of witnesses, doctors and hospitals. J /Q " C` , 9. List the expenditures you made on account of this accident or injury: DATE �Cff*1 AD'KYJAIT # i i • ! f i i R R i # # i # iii i i R i f R f i R I M i # i # # f R ! i i i i i Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by, some person on his behalf." .Name and Address of Attorney la maW Signature) A ss Telephone No. 'Telephone No. a # i a # # # i # i # i # # # W 0 9 a a a W 9 9 1 9 9 a # # # 10TICI 8ectim 72 of the penal Code provides: •Every persm *ho, with intent to defrauds presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claims bill, account, vouoher, or writing, is punishable either by imprisonment in the county jail far a period of not more than one years by a fine of not exceeding one thousand (=1,000), or by both such imprisonment and fine, or by imprisonment in the state prism, by a fine of not exceeding ten thousand dollars (=109000, or by both such imprisonment and fine. o v a N w+ W J r j r � t4iS 3� NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Kenneth George & Judy Irving Morris 8489 Truckee Ave. Gerber, CA 96035 RE: CLAIM OF: Kenneth George & Judy Irving Morris Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] L The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [x] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [x] 4. The claim fails to state the name(s) of the public employees) causing the injury, damage, or loss, if known. [x] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6. The claim is not signed by the claimant or by some person on his behalf. [ ] 7. Other: Victor J. Westman, County Counsel 41 Deputy County Counsel Page 1 CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5; Evidence Code§§ 641,664) i declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553; 1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct, Dated: February 5, 1997 at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.%) Page 2 0_ 11 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA February 25, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mails(to you is your notice of California Government Codes. } the action taken on your claim by the Board of Supervisors (Paragraph IV beiow), given pursuant to gp� � �" Amount: Unclear Section 913 and 915.4. Please note ail 'apBrM ngs". CLAIMANT: Kenneth George & Judy Irving Morris FEB 0 4 1997 ATTORNEY: MART NEZ CALIF Date received ADDRESS: 8489 Truckee Ave. BY DELIVERY TO CLERK ON February 4, 1997 Gerber, CA 96035 Hand Delivered BY NAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: February 4, 1997 BYL OeputyLQR , Clerk\ II. FROM: County Counsel TO: Clerk of the Board of Supervisors ThlThis is claim complies substantially with Sections 910 and 910.2. claim FAILS to comply substantially with Sections 910 and 910,2, and we are so notifying caimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: BY: dz,,� Llu_A �G� Aeputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( } This Claim is rejected in full. i ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:. FEB 111997 PHIL BATCHELOR, Clerk, B��e, c— , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Goverrmment Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. if you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING i declare under penalty of perjury that I an now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant asrshownaboovve. >� Dated: FEB 2 + 1997 BY: PHIL BATCHELOR b s e Tt r tai—' Deputy Clerk CC: County Counsel County Administrator 1 KENNETH GEORGE MORRIS JUDY IRVING MORRIS 2 8489 Truckee Av. Gerber, Ca . 96035 3 (916) 385-1141 Claimants In Pro Per 4 5 COUNTY OF CONTRA COSTA 6 KENNETH GEORGE MORRIS EMERGENCY CLAIM 7 JUDY IRVING MORRIS 8 Claimants RECEIVED 10 BOARD OF SUPERVISORSi FB - 4997 PRESIDENT CLINTON, 8pgRDOFSUPERVISORS 11 U,S. SUPREME COURT CONTRA COSTA CO. U.S. DEPARTMENT OF JUSTICE; 12 U.S. ATTORNEY GENERAL JANET RENO, STATE OF CALIFORNIAt COUNTY OF BUTTE, 13 COUNTY OF CONTRA COSTA, COUNTY OF TEHAMA, DISTRICT ATTORNEYS OFFICE, 14 CALIF, CHILD PROTECTIVE SERVICES, JUDGE MINNEY, JUDGE PATRICK, 15 JUDGE SIMONS, JUDGE MURRAY, JUDGE BERKOW, JUDGE WATKINS, 16 DOES I-XXX; 17 Defendants, 18 19 1 . 20 This is an EMERGENCY CLAIM. It is now an exhibit that will be examined by the U.S. SUPREME COURT in a Petition For Writ of 21 Certiorari , Case MORRIS V. U.S .A. #96-5170. This Writ of 22 Certiorari is Pending for Reconsideration. II . 23 Defendants are put on Notice that Judges of The Superior 24 Court of Contra Costa County have refused to hear eye witness accounts about a man, Michael Davis in Family Law Court, case 25 Michael Davis V. Elizabeth Morris Hoy #D93-00892 for over a period of three years. Thus one side was presented, Michael 26 Davis ' s side. The Court only heard his side and that side was, "THE MORRIS ' S ARE CHILD ABUSERS, DRUG DEALERS AND ADDICTS, 27 ALCOHOLICS, LOW LIFES, SCUM, FUCKING PIGS, CHILD MOLESTERS, LIERS NO MORALS , NO AMBITIONS AND TWO ATTORNEYS WHO ARE LIERS. " 28 These are quotes by Michael Davis. Therefore this Claim is 1 . SUPPLEMENTAL MATERIAL ADVISENIlF NT FORM AGENDA DATE: S 7 TIEM No.: 1/ DITIONAL �pTERIALS AVAII.AT:3LE IN THE MINUTES Yvlumivtous cla+m oh fete Uvih -t1 C(erk of tG,etrcl ❑ ITEM CONTINUED TO: ❑ ITEM DELETED ❑ PUBLIC COMMENT - NONE ❑ CONSIDERED CONSENT TIEMS PREVIOUSLY REMOVED - SEE SUMMARY FOR CHANGES; OTHERWISE APPROVED AS LISTED ON THE AGENDA THIS SECTION FOR PLANNING UDIS ONLY ❑ ADDITIONAL MATERIAL AVAILABLE IN FILE (NAME): TO: BOARD OF SUPERVISORS Contra FROM: Phil Batchelor, County Administrator - . Costa DATE: February 25, 1997 -;� County SUBJECT: Final Settlement of Claim - Omar Hamidi, a minor, et al . vs . Contra Costa County Superior Court No. C95-04591 SPECIFIC REOUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION RECOMMENDATION: Receive this report concerning subject final settlement and payment from the Medical Liability Trust Fund in the amount of $1.25 million and transfer of title to a house. REASONS FOR RECOMMENDATION/BACKGROUND: Judy S. Craddick, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the medical liability claim of Omar Hamidi, a minor, et al vs . Contra Costa County. This Board' s January 14, 1997 closed session vote was : Supervisors DeSaulnier, Rogers, Uilkema, Gerber, and Canciamilla, yes . This action is being taken so that terms of this final settlement and the earlier January 14 , 1997 closed session vote of this Board authorizing its negotiated settlement are known publicly. CONTINUED ON ATTACHMENT: _YES SIGNATURE: L J RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF B AR COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON FFR 9. r, T997 APPROVED AS RECOMMENDED _ OTHER VOTE OF SUPERVISORS ✓ I 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. ATTESTED FEB 2 5 1997 Contact: Ron Harvey - 335-1443 PHIL BATCHELOR,CLERK OF THE BOARD OF Cc: CAO Risk Management SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller Craddick, Candland & Conti �� � (via Risk Management) BY DEPUTY 6,13 TO: BOARD OF SUPERVISORS Contra FROM: Phil Batchelor, County Administrator ;,; ,;_ t I,' Costa County DATE February 25, 1997 SUBJECT: Final Settlement of Workers ' Compensation Claim - John M. Smyrni vs. Contra Costa County wraR Nna . DAN 1R69Rn & OAK 136981 SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Receive this report concerning subject final settlement and payment in the total amount of $200,000 from the Workers ' Compensation Trust Fund. REASONS FOR RECOMMENDATION/BACKGROUND: Peter L. Dragolovich, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the workers ' compensation claim of John M. Smyrni vs . Contra Costa County. This Board' s December 10, 1996 closed session vote was: Supervisors DeSaulnier, Bishop, Canciamilla, and Smith, yes; Supervisor Rogers, absent. This action is being taken so that terms of this final settlement and the earlier December 10, 1996 closed session vote of this Board authorizing its negotiated settlement are known publicly. CONTINUED ON ATTACHMENT: —YES SIGNATURE: (J���� !,� ,RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF 80)w((( ��*COMMITTEE APPROVE `OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER _ VOTE OF SUPERVISORS I 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. ATTESTED FEB 5 1997 Contact: Tony SCnleder - .335-1411 PHIL BATCHELOR,CLERK OF THE BOARD OF CC: CAO Risk Management SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller Thomas, Salter & Lyding (via Risk Management) BY E — ,DEPUTY