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HomeMy WebLinkAboutMINUTES - 06151999 - D1 Dmf THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Date; June I5, I999 Matter of Record Subject: Public Comment On this date,the following persons presented testimony Sean A ahi, 34 Maximo Court,Danville, spoke on a buyer's purchase agreement, and offered his letter(as attached) as evidence; Joseph V.A. Partansky,Better Government Ordinance Task Force, 1406 Barbis Way, Concord, spoke on the need for the task force to meet,retrieval and return of lost animals, and publishing of the supplemental agenda, and offered his letter and a flier (as attached) as evidence. THIS IS A MATTER FOR RECORD PURPOSES ONLY NO BOARD ACTION WAS TAKEN WEE Sean&Michelle AgahiWN 17 9 34 Maximo Court Danville, CA 94506 M80AR_D € € Off' CO. June 1 4, 1999 Board of Supervisors Contra Costa County 651 pine Street, lean. 106 Nl&rtinez, CA 94553 Vie: Request for Release of Buyer's purchase Agreement Dear Supervisors: I am formally requesting that The County release our liability granting The County first right to purchase our property at 34 Maximo Court, Danville CA. The basis for this request is made in the following points: * Misled by original selling party- The original purchase date of the property was April 1994. Dame' Construction Company, Inc. had repeatedly stressed the fact that our property was subject to the Buyer's Purchase Agreement. However, it was also noted Haat this agreement with the county would be in force for gWy five (5) years. This comment by Dame' was repeated to such extent Haat we were " rogrammed" to believe it. It should also be mated that we were first-time buyers with no experience in the home buying process. We signed all necessary paperwork (well in excess of 60 pages and countless signatures) at the Title Company. As you may know this is an exciting and anxious time. A young family east have a certain level of trust in the professionals involved, The statement indicating the fifteen (15) year commitment is in the Yd paragraph on the 6"' page of a 12-page document. It is our belief Haat Dame' misled us. Other buyers have Mentioned this sane complaint. Because Dame' was entitled to various tax and./or zoning benefits pursuant to offering moderate income housing opportunities, Dame' is deemed to have represented The County, Both parties should be liable for each other's statements. The fact that we signed the agreement should not be looped upon as a black-and-white issue. There are factors that have unpaired our ability to fair treatment. * 60--day notice in favor of County-- Upon further inspection of purchase agreement, the 6€3-day Notice of Intent to Sell required by The County is clearly in favor of The County and not fair to Homeowner. It states that the failure by The County to provide Owner with written:notice shall not constitute a waiver of County's right to purchase or relieve Owner of his/her obligations under the terms of The Agreement. In other words, the 60 days is for The County's benefit and not the Owner's. County assessment of home value unrealistic— The method employed to determine appreciation is unrealistic of current market, 37 Maximo Court, a hone directly across the street from ours, recently sold for $297,500 (original purchase price = $223,000 for a 33% appreciation. County has determined value of our hone at $244,666 (cost basis including improvements = 214,930 for a 13.8% appreciation. We have been offered $294,000 from a private party (no Realtor expense). A 10,1/o savings fere years ago now represents 20% opportunity lass. * Owner forced to pay commissions to agent representing new buyers— A person has the right to refuse selling his/her property to a buyer represented by a Realtor if the owner does not wish to pay agent commissions (at the very least agent comnnssions are negotiable). The Buyer's Purchase Agreement indicates that the owner is subject paying all closing casts pursuant to the custom and practice in The County of Contra Costa. This is essentially forcing expenses upon the Owner. * Buyers Purchase Agreement currently being re-written-- It has been brought to our attention that the current Buyer's Purchase Agreement is being re-written due to its difficulty to understand. This agreement is designed to Delp low to moderate- income families. In many cases these fa*nilies cannot afford to Dire a representative to explain the legal ramifications of all documents signed at time of purchase. This is certainly true in our case 5 years ago. * tither Owners under this agreement were released of liability- Other fawners were released sof this liability due to various reasons. It is our understanding that one example is the value of a person's home was not worth as much as original purchase price. I am hard-pressed to believe that since 1994 any home in this development last or was valued at less than $202,000. I feel that a certain amount of prejudice was given to the benefit of this individual (this person's name is Salvatore Palumbo). * Misled by county representative- Kara Douglas repeatedly indicated that the county did not have the funds to market the properties and assured us that there were others that were released of the liability. Also, she stated that if we hired a Realtor and sold at market value, we would not be making too much more than the county would asses the home, thus implying that we would not have to pay a Realtor. Only until June 14, 1999 were we told that we would be liable for any Realtor expenses incurred if a Realtor represented the neer buyer. Ms. Douglas has shoe a very calous and uncaring nature, clearly `doing her job" and not looking at the human aspect of the situation.. The County's intent to provide low to moderate-income housing is a good one. We certainly looked upon this as an opportunity to live in a good neighborhood when perhaps vire would have been forced to live elsewhere. The same policy that provided this opportunity however; could force our family into dire straits. The new home that we purchased in Danville will become unaffordable if the county assigns this right to purchase. We do believe that others should have the sane opportunities as we did 5 years ago. Nevertheless, by giving that opportunity to someone else, The County will be forcing our young family into conceivable bankruptcy. Our life savings have been placed on deposit for our new home. This deposit is non-refundable. It is now clear to us that we should never have applied for the moderate-income program. The reason is that it is clearly NOT for our benefit. ell The Inspirational Diought that was printed at the top of The Contra Costa County Board of Supervisors agenda for Tuesday June 15, 1999 stated: "I he art of being-wise is the art qf knowing what to overlook " Our family asks that you overlook The County's intent in this case and release our liability. We have overcome many obstacles in order to afford our new home in Danville, we pray that you allow us to remain in Contra Costa County and succeed. Regards, Sean Agahi "1 qqpp COALITIONCONTRA COSTA COUNTY ANIMAL WELFARE Quarterly TOPIC: PET I.B.- To Chip or Not to chipP "Wednesday,June 16, 1999 1 e00 P.M. Concord Police Statism—Community Room 1350 Galindo Street tdarneord PLEASE D'O'E JOINUS S FO A DISCUSSION OF THE PROS AND CONS OF USING MICROCHIPS AS A FORM OF PET I.D. We will explore such questions as: > Is theicrs chip insertion procedure safe? > What are the casts involved? > How many shelters have scanners? > Should microchips be considered a Haack-up to other forms of pet I.D.? > Can microchip I.D s help make a significant increase in the number of animals reed to their humans? OUR EXPERT PANEL WILL INCLUDE. UDE. I ; € Julie ummin s,DVM President--�Contra Costa County Veterinary Medical Association Gerald Dzendzel,DVM Committee Chair,Centra Costa County Disaster Relief Kate O'Connor,Acting Animal Services Supervisor 5 Antioch Animal'Services In addition, tips for implementing a success f l microchip program will be share by the Marin Humane Society. Directions. From 680 tale the Willow Pass Exit. give down Willow Pass and go past Totos Santos Park until you reach the movie theaters on Concord/Galindo Street (Left is Concord -- right isGalindo). Turn right on Galindo and drive up to second block. Concord. Police Station is on the left. Eater main door and turn left to the Community Room. As Fl vt 10 June 99 Hon. Donna Gerber Supervisor & Chair, Better Government Ordinance Task Force (BGOTF) County of Contra Costa ATTR': Helen Freeman, Chief of Staff 309 Diablo Road Danville, CA 94526 (925) 820-8683 Dear Supervisor/Chair Gerber: SUBJECT: Suggested Topics for "Reactivization" Meeting Agenda, Besides Mandated BGOTF Annual Report to Contra Costa County Board of Supervisor re Implementation and Status of Better Government Ordinance Earlier this year I addressed the full Board of Supervisors, during PUBLIC COMMENT, and suggested that the very much delayed flier describing the County's "model" better governance ordinance , which was passed by the Board in 1995, be combined with a guide for citizens to" best" access and present before the Board and its Committees. As you may know both Concord and Walnut Creek City Councils have such a citizens' guide; however, each does not mention, in a referenced manner, the governing rights and responsibilities of the California Public Records Act or the Brown "Open Meetings" Acs. We should continue to show leadership by encouraging all citizens to participate in or to seek the benefits of the government, A combined flier that meaningfully describes the County's Ordinance and provides access/presentation suggestions, which is easily and widely available, would help to fulfill the spirit of the Better Government Ordinance. I ask you to please convene the Better Government Task Force at the earliest possible date. Before the meeting would you please circulate this letter and my attached April 5, 1999, one page memo mailed to the San Francisco Sunshine Ordinance Initiative and Task Force and that was entitled GETTING TO A CITIZEN FRIENDLY INDEX OR GOVER'NIVIENT INIFORMATION LOCATOR SYSTEM(GILS) FOR SAN FRANCISCO, CA. page 1 Also, all the members of the Better Government Task Force would undoubtedly appreciate your requesting from the Chief Administrator's Office, and also circulating, any draft or outline of the flier about the ordinance that is in its files or relevant samples of others collected and any comments or observations the CAO may care to offer that would contribute to ars update, since the BGTF's last meeting. This would help in the preparation of a combined brochure, in structuring a public hearing about citizens' or advisory board members` or any individual member of the Board of Supervisors experience with the ordinance and in the creation/submission of the BGTF's overdue annual report to the Board . In my earlier, " filed" contributions to the "Task Force's deliberations can be found suggestions for other topics to consider at future meetings, like what I suggested to the San Francisco Sunshine Ordinance Initiative and Task Force. However, two items, in need of special consideration, are structuring and delivering to staff and advisory board members materials and trainings about the BGO and identifying and correcting the compliance of PROPER NOTICE for all meetings and bodies covered by the Better Government Ordinance. With probable concurrence of the other four members of the Board of Supervisors and the public, your efforts to convene a meeting of the Better Government Task Force, at your earliest convenience, would be greatly appreciated.. If you would like to discuss this letter, any specific agenda item formulation or any other issue; I am available at (925) 682-9957. ery Cordial Yrs, Joseph V.A. Partansky Public Member, CCC BGTF 1406 Barbis May Concord, CA 94518 jpartans@hotcoco.inif net A.ttachmerw page 2/END 5 April 99 TO: Sunshine Ordinance Initiative and Task Force FR: Joseph V.A. Partansky,M.B.A. creator/instructor of ASSESSING ALL GOVERNMENT INFORMATION 1406 Barbis Wav, Concord,CA 94518 (925)682-9957 GETTING TO AN CITIZEN FRIENDLY INDEX OR GOVERNMENT INFORMATION LOCATOR SYSTEM(GILS)FOR SAN FRANCISCO. CALIF. In the proposed"final draft" initiative revision of the San Francisco Sunshine Ordinance, I would like to suggest that "See, 67.29, index to Records' have an(a)and(b)subsection. My suggestion for(a)is the following: nlie City Administrator,through the Chief Information 011icer(Clo)and Department Heads and in consultation with the Supervisor of Records and the Sunshine Ordinance Task Force, shall identify all current document indexes, record systems and databases and evaluate each/all in terms of the 3 goals articulated in 6721(d)(1)&(2)&(3). Also,for each any and all documentation. rationale and legal authority will be collected and systematized, All currently produced periodic reports for intra and'intergoverritnental purposes will be briefly described per Department, along with publicly distributed posters,fliers.brochures,directories and reports. Tice City Administrator shall report quarterly progress to the Board of Supervisors, City Attorney,Ethics Commission and the Sun Shine Ordinance Task Force and will complete at the end of 12 months of the effective date of the amended Chapter 67/Ordinance a final report with findings and recommendations. (b)After public comment and hearings on its final report,the City Admin- istrator shall prepare a public records index (as drafted.....April,1999). (The reason I first suggest a study,with a more limited scope and breath and not involving elected members of the Board of Supervisors, is that it probably is more doable, Also, the production of a number of products could be useful "in-its-self"and the process will help to establish and workout relationships and procedures helpful in accomplishing phase two or(b). ) Two other related suggestions are(1)that two additional non-voting members be added to the Sunshine Ordinance Task Force.the City Law Librarian and the City Public Librarian or their designee and(2)add "The Task Force shall receive timely reports from CAO(sec.67,29(a)and(b)),until a public records index is created and henceforth an annual update,with discussion of recent experience,and potential future modifications." after"necessary." in sec,67,30(c),,, As a source of inspiration.besides the latest amendments of the federal Freedom of Information Act, might I suggest vie,,Nring the National Archives and Records Administration's records management programs,etc„at its website nara,gov,records.index.html. 12 April 99 Editor of the Concord Transcript On April 8th, Centre Concord hosted "Celcb ate Concord" and Th- unci.joulwadpi reported on the latest civy-wmde "customer satisfaction" survey. y . The Concord Chamber of Commerce (925-685-1181) , the community organizations and City agencies participating in "Celebrate Concord" , while informing and sharing local resources, should be congratulated. The Coitc°ord Chu akar qf Commerce Riisines., Directory (1999, 75p., free?) informs the reader about ES' (`youth Employment Services) partnership, 1999s up coning everts and our coni nmunity, besides having a well laid out directory. The C'hamber's "Map of ConcordCalifornia" has two excellent mini directories: "Clubs and Organizations" and "Important Phone Numbers." However, two resources that l missed were the Concord Neighborhood Alliance (925- 689-7881) and the Concord Branch Library, some way should be found to included them next year. My remaining comments are about what City Manager Ed James calls one of his biggest concerns. COMMUNICATION. None of the Cityagencies present had a list of their own public pamphlets or educational materials. Can it be,, there is no master list of the city's publications? Someone needs to make up a master "List of Publications" and make it available in each City agency and on the City's Website. (None of City's pamphlets even mentioned the City's Website--- talk about communicating,) ?Never-the- less the City agencies had some excellent materials. As for the Police Depa=ent, it lacked a publications list , had none of its Spanish language materials and., also, did not mention its Website, For any of the surveyed 60 percent oa Cncord residents that don't but want to know about the police Department's field offices I'd suggest getting, a copy of"Community Policing: building a problem solving partnership" (June, 1998, 8p., free) and ask for the Departi ent's pub list. A.nong the items that Concord Leisure Services Department puts out are the comprehensive "Concord parks User's Guide" (Sep., 1997, 16p, free) and the current " Concord Activity Guide" (Spring, 1999, newsptint, 13p., free). The Engineering& Transportation Department has the following brochures: "Speed Zones and Speed Bumps," "Pedestrian Signals," "Marked Crosswalks," "Traf=fic Safety 'hiss," and "Stop Suns and Trak Signals," each cross references the other pamphlets. The Finance Department is Business License Office has "Business License Information" and ,also, suggests consumers can register complaints by calling 925-671-3313. Finance's Purchasing Division has "Information to Vendors-" �� rich might also help to inform citizens about how the cite spends tax dollars (Dec,, 1995, 6p., free by calling 671-33131). I also learned about "Off the Wall --City's Arti-Graffiti Program" and its Graffiti Hotl ne: 6710-3080, Unfortunately, missing was any citizen wide to "open records" or "open nmeetings" 01- any mention of the City's various advisory bandies or policy groups. Also, not available was the City C'ouncil's latest "Welcome to the City Council" brochure (March, 1999, 6p,, free),May I suggest that all public brochures be placed on tete Website, that a master index/ "Publications List" be or: time Website and on each counter or at each location where individual department publications are distributed. Communication can start at home! Surely, before the next "Celebrate Concord" and "customer satisfaction" survey, Concord City government can raise its level of communication unication and raise its performance based budgeting s:ore? Who is responsible for COMMUNICATION, City Council? Please share this letter, nay suggestions, and the City of Concord's Website: http://www.ci.concord.ca.us. J„t Cordially, Joseph V.A, Partansky ACCESSI?NG ALL GO'V ;RNM1 EINT IN-FORMATION i 406 Barbis Way Concord, CA 94518 (925) 682µ99S7 jpartansy hotcoco.mntm.net