HomeMy WebLinkAboutMINUTES - 12071999 - C146 TO: BOARD OF SUPERVISORS Onl'c
FROM: Dennis M. Barry, A1CP Costa
'P
Community Development Director County
DATE: December 7, 1999 �J
SUBJECT: ACCEPT REPORT REGARDING COMPLETION OF THE KELLER CANYON LANDFILL
MITIGATION CLAIMS PROCESS
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ACCEPT report from the Community Development Director regarding the completion of the
Keller Canyon Landfill Mitigation Claims Process.
ALLOCATE the amount of funding which remains unclaimed by January 31, 2000 back into
the Keller Canyon Landfill Mitigation Fee account/reserves (the amount of unclaimed funds
is dependant on response from claimants but shall be no less than $2,500 and no more than
$8,600).
FISCAL IMPACT
No impact to the General Fund. There will be a positive fiscal impact to the Keller Canyon
Landfill Mitigation Fee account resulting from the allocation of remaining funds.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Staff has completed the Keller Canyon Landfill Mitigation Claims Process as directed by the
Board of Supervisors in 1997. Of the $485,000 allocated by the Board for this process, there
is $8,600.00 in unclaimed funds. Because the Board funded this Process using Keller Canyon
Landfill mitigation reserves, staff recommends that the Board allocate the funds which remain
unclaimed by January 31, 2000 to the Keller Canyon Landfill mitigation fee account/reserves.
CONTINUED ON ATTACHMENT: ✓ YES SIGNATURE
ACTION OF BOARD CMN December 7 . 1999 APPROVED AS RECOMMENDED xx OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X.1 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.
Contact: Deidra Dingman (925/335-1224) ATTESTED _ December 7 . 1999
cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF THE
County Counsel BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
B AAA
, DEPUTY
0016 KCL-CcA4M.B0.00C
KELLER CANYON LANDFILL MITIGATION CLAIMS PROCESS
DECEMBER 7, 1999
PAGE 2 of 2
BACKGROUND/REASONS FOR RECOMMENDATIONS cont'd
SUMMARY OF PROCESS EXPENDITURES
DESCRIPTION AMOUNT
Total Amount Allocated for the Mitigation Claims Process + $ 488 000.00
Amount paid to property owners in Lump Sum Claims - $ 121,500.00
Amount aid to property owners in Individual Claims - $ 324,900.00
Amount ex ended for Administrative Costs - $ 30 000.00
Total unclaimed/unexpended funds as of November 30, 1999 = $ 8,600.00
SUMMARY OF CLAIMS PAIN TO ELIGIBLE PROPERTY OWNERS
A total of 185 claims have been paid. More claims were filed than were paid. This could
have been due to any of the following reasons: claimant was not eligible because they did
not own the property on July 24, 1990, claimant did not file the claim form prior to deadline,
claimant did not .submit other required documentation (e.g. Deed or Payment & Release
Agreement) within the required time frame.
Eighty-one Lump Sum Claims were paid to eligible property owners which together totaled
$121,500. Of these eighty-one claims, fourteen were Bailey Road Claims ($5,000 each),
thirty-six were Hillsdale-First Tier Claims ($1,000 each) and thirty-one were Hillsdale-
Second Tier Claims ($500 each).
One-hundred-and-four (104) Individual Claims were paid to eligible property owners which
together totaled $324,900. The payment amounts varied and were determined by an
independent Claims Examiner after consideration of the information submitted by claimants
as well as other pertinent factors. There are two Individual Claims which have not been
paid. Staff has mailed final notices to these two eligible individual Claimants (they did not
respond to our previous payment notice). These two claims total $6,100. If claimants do
not respond to our final notice within the specified timeframe, staff recommends that these
funds be allocated to the Keller Canyon Landfill mitigation account (effective January 31,
2000).
SUMMARY OF RELATED BOARD ACTIONS
Although there have been multiple meetings and hearings since 1992 regarding this issue,
there are only four Board meetings which directly relate to the approval of the Mitigation
Claim Process. The Board of Supervisors took actions on November 19, 1996, December
10, 1996, February 11, 1997 and March 18, 1997 which either funded or defined this
Mitigation Claim Process.
On November 19, 1996 the Board adopted some criteria and procedures as well as
allocated $485,000 from Keller Canyon Landfill mitigation reserves to fund this process.
Can December 10, 1996, February 11, 1997 and March 18, 1997 the Board took actions
which resulted in the finalized Mitigation Claims Process (including adoption of criteria,
procedures, claim areas and payment amounts).
CONCLUSION
Staff has concluded the Mitigation Claims Process and therefore asks the Board to
allocate unexpended funds as of January 31, 2000.
DDI 6AKcl-C A M.aa.DOC