HomeMy WebLinkAboutMINUTES - 03282000 - C14-C17 i 0: V BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS OF THE WIEDEMANN RANCl�
CHAD
FROM: I. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE. MARCH 28, 2000
SUBJECT: APPROVE AMENDMENT EXTENDING ANNUAL CONTRACT PAYMENT LIMITS
FROM $10,000.00 TO $30,000.00 ON THE CONSULTING SERVICES AGREEMENT
BETWEEN THE WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT
AND WILLIAM R. GRAY AND COMPANY, MANVILLE AREA. (WO #5511)
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chair of the Board of Directors as the governing body of the Wiedemann
Ranch CHAD to execute an amendment to the annual Consulting Services Agreement between the
Wiedemann Ranch CHAD and William R. Gray and Company for management services for the Wiedemann
Ranch CHAD.
II. Financial Impact:
No County General Fund Impact. The Wiedemann Ranch GHAD is funded through special assessments
on properties within the boundaries of the Wiedemann Ranch CHAD. The costs associated with the
processing of the annexation of the Henry Ranch property into the Wiedemann Ranch CHAD will be
reimbursed by the applicant.
Continued on Attachment:X SIGNATURE:
QgjL, 4)jL z---, 2a-A
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON MARCH 28, 2000 APPROVED AS
RECOMMENDED X_OTHER
I hereby certify that this is a true and correct copy of an action taken and
entered on the minutes of the Board of Supervisors on the date shown.
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT NONE ) ATTESTED: MARCH 28, 2000
AYES: NOES: PAIL BATCHELOR,Clerk of the Board of Supervisors and County
ABSENT: ABSTAIN Administrator
Sa:df
G:1GrpbatalSpDist\Board orders12000\3 Mercb\3-2M0.doc
Orig.Div: Public Works(Special Districts)
Contact: Skip Epperly(313-2233) By Deputy
cc: County Administrator
Assessor
Auditor-Controller
Community Development
County Counsel
William R.Gray&Company
-SUBJECT: APPROVE AMENDMENT EXTENDING ANNUAL CONTRACT PAYMENT
LIMITS FROM $10,000.00 TO $30,000.00 ON THE CONSULTING SERVICES ;L
AGREEMENT BETWEEN THE WIEDEMANN RANCH GEOLOGIC
HAZARD ABATEMENT DISTRICT AND WILLIAM R. GRAY AND
COMPANY, DANVILLE AREA. (WO#5511)
DATE: MARCH 28, 2000
PAGE 2
III. Reasons for Recommendation and Background:
William R. Gray and Company was appointed as the general manager for the Wiedemann
Ranch GHAD on December 15, 1998 for a period of three years with an annual budget of
$10,000.00. Since that time, William R. Gray and Company has spent extensive time
developing an annexation policy for properties that may want to annex into the Wiedemann
Ranch CHAD, which was unanticipated at the time of the original budget formation.
Additionally, William R. Gray and Company has spent considerable time working to annex
the Henry Ranch property into the Wiedemann Ranch GHAD,which was also unanticipated
at the time of the original budget formation. This budget augmentation will also help to
incorporate any unanticipated issues as they arise.
IV. Consequences of Negative Action:
The Wiedemann Ranch CHAD will not be able to respond to issues that arise pertaining to
the management of the CHAD.
AMENDMENT TO CONTRACT
This Contract amendment is effective March 1, 2000, between the Wiedemann Ranch Geologic
Hazard Abatement District (Public Agency), an agency formed under Section 26500 of the Public
Resource Code and William R. Gray and Company(Contractor), a company doing business at 1820
Bonanza Street, Suite 204,Walnut Creek, CA 94596.
WHEREAS,Public Agency and Contractor previously entered into a contract dated January 1, 1999,
Which Contract was authorized by the General Manager,
THEREFORE,Public Agency and Contractor mutually agree to amend said contract to increase the
annual contract payment limits from$10,000.00 to$30,000.00.
In all other respects,the contract dated January 1, 1999 shall remain in full force and effect.
In WITNESS WHEREOF, Public Agency and Contractor have executed this Contract as of date
written on the first paragraph of this Contract.
PUBLIC ENC
By:
Chair
Board of Directors
CONTRACTOR
By:
(Signature)
1(.4,1 t>L
Printed name and title of signatory
\\PWS4lSHARDA TA\GrpData\SpDist\Board Orders\2000\3 March\3-28-OO.doc
BOARD OF SUPERVISORS 6 .16
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: MARCH 28,2000
SUBJECT: ADOPT ANNEXATION PROCEDURES, BLACKHAWK GH.AD,DANVILLE, CALIFORNIA.
aO#6X5010)
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
I. Recommended Acion:
ADOPT policy outlining procedures to be followed by parties desiring to annex property into the
Blackhawk CHAD, Danville Area.
II. FinancialIm act:
The owners of properties located in Blackhawk, but outside of the CHAD boundaries,have inquired
with The General Manager as to the feasibility of annexing their property into the Blackhawk GI-HAD.
In addition, the Blackhawk Country Club has inquired as to the feasibility of annexing approximately 50
acres of undeveloped property into the CHAD. The General.Manager has committed to working with
the property owners and the County Club to explore the feasibility of the proposals. In order that such
requests may be received,processed reviewed and acted upon in a uniform and timely manner, the
General Manager prepared and is recommending that the Board approve the attached policy on
annexations to the Blackhawk CHAD.
1
Continued on Attachment:X SIGNATURE: 6
_RECOMMENDATION OF COUNTY ADMINISTRATOR
—RECOMMENDATION OF BOARD COMMITTEE
—APPROVE OTHER
SIGNATURES):
ACTION OF BOARD ON MARCH 28, 2000 APPROVED AS RECOMMENDED X OTHER
#hereby certify that this is a true and correct copy of an action
VOTE OF SUPERVISORS taken and entered on the minutes of the Board of Supervisors on
Y,., UNANIMOUS{ABSENT NONE }
the date shown.
AYES• _ NOES:
ABSENT: ABSTAIN: ATTESTED: MARCH 28, 2000
PHIL BATCHELOR, Clerk of the Board of Supervisors and County
Administrator
SE:df
\\PWS4\SRA RDATA\GtpD&tA\Spnist\Board arden\2000\311.tarch\3-28-00.&c By Deputy
OHS.Div: Public Works(Special Districts)
Contact: Skip Epperiy(313-2253)
cet County Achninistrator
Assessor
Auditor-Controller
Community Development
County Counsel
Blackhawk GRAD
clo William R.Gray&Co,1820 Bonanza Street,#204,Walnut Cmk,CA 44556
SiJ17JECT. ADOPT ANNEXATION PROCEDURES,BLACKHAWK GHAD,DANVILLE, CALIFORNIA
(WO#6X5010)
DATE: MARCH 28, 2000
PAGE 2
III. Reasons for Recommendations and Background:
No impact on the County General Fund. The Blackhawk G:HAD is funded through revenues generated
by County Service Area M-23 under a Joint Exercise of Powers Agreement between the County and the
CHAD. Under the proposed policy, any properties proposed to be annexed would be required to
demonstrate that said annexation would not impact existing CHAD operations.
IV. Cons of Negatlye Action.
Without Board approval, the General Manager would not have any Board policy on proposals to annex
property into the Blackhawk CHAD.
Blackhawk GHAD
Policies & Procedures related to Annexations
Section 26550 et seri.. of the Public Resources Code outlines the procedures for formation
of Geologic Hazard Abatement Districts(GHAD).
The procedures for annexing property into an already formed GHAD are generally the
same as those for establishment of a new CHAD except that,in the case of annexations,
the Board of Directors assumes the responsibilities of the legislative body that ordered
formation of the CHAD.
Requests for annexation of property into the Blackhawk GHAD may arise as follows:
1. Developer Initiated(generally undeveloped property). A developer and/or the
owner of a property that is proposed for development may petition the Board to
annex property into the District in order that,in the future, the subdivided parcels
can receive geologic hazard abatement services.
2. Property Owner Initiated (generally developed property). A property owner
(or group of property owners)may petition the Board to annex into the district in
order that the existing subdivided property can receive geologic hazard abatement
services.
3. Board of Directors Initiated. The Board of Directors of the CHAD can,by
Resolution, initiate proceedings to annex property into the GHAD.
Background. On April 22, 1986 the County Board of Supervisors adopted three
resolutions which resulted in the formation and funding of the Blackhawk Geologic
Hazard Abatement District(CHAD). Resolution No. 86/209 provided for the addition of
geologic hazard abatement services with County Service Area M-23 (Blackhawk area).
Resolution No. 86/210 approved formation of the Blackhawk GHAD pursuant to the
provisions of the Public Resources Code and appointed the County Board of Supervisors
to act as the Board of Directors of the CHAD. The Clerk of the Board serves as the Clerk
of the Board of Directors of the GHAD.
Resolution No. 86/211 approved a Joint Exercise of Powers Agreement(JEPA)between
the County and the CHAD to, among other things,provide for the funding of the CHAD
through the transfer of a portion of CSA M-23 revenues.
On April 28, 1998, the Board of Directors appointed"William.R. Gray and Company, Inc.
to serve as General Manager of the GRAD.
Procedure. In order that wmexation requests may be received,processed, reviewed and
acted upon in a uniform and timely manner,the Board hereby adopts the following
general policy with respect to annexations:
Blackhawk Geologic Hazard Abatement District Page l of 6
Policies related to Annexations
1. Annexation proceedings shall be initiated either by a Resolution adopted by the
Board,or by a petition signed by owners representing not less than 10%of the
property proposed to be annexed. The signature(s) on the petition shall be dated
and include information sufficient to identify the signature(s)as that of the
owner(s) of land within the area proposal to be annexed.
2. Except when waived in writing by the General Manager or approved by the Board
ofDirectors, and not otherwise required by state law,the following information
shall be submitted to the Board of Directors by the applicant along with any
petition for annexation:
a. A statement that the petition for annexation is made pursuant to Division
17 of the California Public Resources Code.
b. A detailed map of the area to be annexed showing property boundaries,
proposed development areas and areas proposed to be maintained as open
space and assessor's parcel numbers. The area proposed for annexation
into the CHAD shall be clearly identified. A Plat map and legal
description of the area to be annexed shall be provided in a form
acceptable to the General Manager.
c. The applicant will supply copies of any and all existing geotechnical
and/or engineering reports,of which the applicant is aware,prepared in
conjunction with any current or prior development proposals on the
property.
d. A proposed Plan of Control,within the meaning of Public Resources Code
26509,prepared by a certified engineering geologist desribing in detail the
specific geologic Imard(s)within the area to be annexed which the
owners are requesting that the GHAD prevent,mitigate, abate or control
and providing a plan therefore. If so requested by the General Manager,
the applicant may be required to submit the proposed Plan of Control in
the form of an amendment to the GHAD's existing Plan of Control.
e. If the proposed flan of Control identifies facilities or activities that the
applicant proposes that the CHAD be responsible for installing and/or
maintaining(drainage facilities, flood control detention or retention
basins,retaining walls, open space or other facilities (or activities)),etc.,
the applicant shall provide detailed drawings of said facilities,including
engineering plans and/or other documentation as may be appropriate.
f. An analysis of the additional expense(s)anticipated to be incurred by the
GHAD in preventing, mitigating, abating or controlling said geologic
hazard(s) within the area to be annexed.
g. A report prepared by a certified public accountant,or other professional
possessing similar qualifications, to determine the financial situation of 1)
the existing CHAD, including it's funding methodology and reserve
accounts and 2) the area proposed to be annexed. This report shall include
recommendations as to how GRAD operations in the area proposed for
annexation should be funded including bonds and/or annual assessments
Blackhawk Geologic Hazard Abatc=nt District Page 2 of
Policies related to Annexations
which the CHAD will need to receive from the arca proposed to be
annexed in order to provide the services identified in the proposed plan of
Control.
h. A report prepared by a certified public accountant, or other professional
possessing similar qualifications,to determine the level of financial
contribution that the owners of the property proposed to be annexed
should be required to pay into the existing reserve fund of the CHAD as
seed funding for the additional reserve amount that will be needed for the
area to be annexed. At a minimum, the calculation of the amount of
contribution to the reserve account shall consider the following:
i. The geographical size of the area proposed to be annexed in
relation to the size of the existing CHAD; and
ii. An estimate or projection of the financial resources that the GHAT►
will require to respond to potential conditions and anticipated
damage in the new area in the future due to the geologic hazard(s)
identified in the proposed plan of Control.
i. If applicable, copies of the conditions of approval for the project from the
approving agency, indicating the requirement to form(or annex to) a
GHAD. The applicant shall provide copies of the approved tentative map
and/or site plans as well as grading and site improvement pians and
documentation of any required environmental mitigations that might
impact the GHAD's ability to prevent,mitigate, abate or control the
specific geologic hazard(s)identified in the proposed Plan of Control. The
applicant shall provide copies of any state and/or federal agency permit
requirements that might impact the GHAD's ability to prevent,mitigate,
abate or control the specific geologic hazard(s) identified in the proposed
Plan of Control.
j. A formal Resolution fzorn the governing body of the City and/or County
(if appropriate)in which the property is located in support of the proposed
annexation. Said resolution shall indicate the agencies willingness to: 1)
support the operations of the CHAD and,2)when appropriate, issue the
necessary permits and approvals to the GHATS as may be required to
prevent,mitigate, abate or control the specific geologic hazard(s)
identified in the proposed plan of Control.
k. A right-of-entry to allow GRAD personnel to inspect the site prior to
annexation and a statement(or description of procedures)describing how
CHAD personnel will have access to individual properties for the purpose
of investigating, evaluating,preventing,mitigating, abating and/or
controlling the geologic hazard(s)identified in the proposed Plan of
Control, once the annexation is approved.
1. Such compensatory fees as may be applicable to the filing,processing and
hearing of the petition and any financing for the services to be provided to
the annexed area.
Blackhawk Geologic Hazard Abatement District Page 3 of 6
Policies related to Annexations
3. Upon receipt of the petition and accompanying information,the Board Clerk shall
place it on the agenda for the first regular Board meeting following the Clerk's
determination that the petition substantially complies with the requirements of
Public Resources Code § § 26552 and 26555. To make this determination, the
Clerk shall refer the petition to the General Manager for his review, evaluation
and recommendation.
4. The General Manager's review, evaluation and recommendation shall do the
following:
a. Evaluate the petition to determine if is substantially in the form required
by Public Resources Code §§ 26551,26552,26553 and 26555, and
b. Evaluate the proposed Plan of Control to determine if it complies with the
requirements of Public Resources Code§§ 26509 and 26553,and
c. Evaluate the reports and materials submitted in compliance with
paragraphs 2. a. though 1. above to recommend whether they are complete
and sufficient, and
d. Present his findings and recommendations to the Board within 90 of
referral to his office.
S. If the Clerk determines that the petition does not comply with the law,the Clerk
must give written notice to the landowner whose signature appears first on the
petition. A supplemental petition curing the defects may be submitted to the
Clerk within 10 days of the date of the mailed notice.
6. Upon the Clerk's presentation of a sufficient petition and the applicant's
compliance with the matters set forth herein, the Board shall adopt a resolution
setting a public hearing on the petition and directing the Clerk to give notice. The
Clerk must notice the public hearing at least 20 days before the hearing date,
Notices must be mailed first-class,postage prepaid, to each owner of real property
to be annexed and include:
a. The time, date and place of the public hearing; a brief description of the
purpose of the hearing; the location where the Plan of Control can be
reviewed or duplicated; the address where objections to the proposed
annexation can be mailed or delivered up to and including the time of the
hearing.
b. Either a copy of the petition or a copy of the Resolution initiating
proceedings for the annexation shall be included.
7. At any time up to the time of the hearing,any owner(s) of real property in the area
to be annexed may make a written objection to the annexation. The objection
must be signed by the property owner(s) and contain a description of the owner(s)
land by lot, tract and map number. If the person who signs the objection is not
shown on the assessment role last equalized by the County as the owner(s) of the
subject real property,the written objection shall be accompanied by evidence
sufficient to indicate that the person is the owner of the property.
Blackhawk Geologic Hazard Abatement District gage 4 of 5
Policies related to Annexations
el y
7
8. The Board shall open the public hearing on the date and at the time noticed by the
Clerk. During the hearing,the Board shall be presented with any written
objections.
a. The Board may adjourn the hearing but not to exceed 60 days from the
date first noticed.
b. If owners of more than 50%of the assessed valuation of the land to be
annexed object to annexation,the Board shall close the hearing and
terminate the annexation proceedings.
9. When considering the proposed annexation and the adoption of resolution of
approval,the Board may review some or all of the following factors and items:
a. Whether the petitioner has complied with all of the requirements of the
Public Resources Code Sections 265503 et. seq. and 25561 er. seq..
b. Whether the GHAD has sufficient administrative personnel and technical
support necessary to assume the proposed GHAD responsibilities within
the area to be annexed and whether any increase in administrative and/or
support costs resulting from the annexation will borne by the property
owners in the area to be annexed.
c. Whether the specific type(s)of geologic hazard(s)identified in the
proposed Plan of Control for the area to be annexed are either identical,or
very similar to,the particular geologic hazard(s)identified in the existing
Plan of Control for the GHAD.
d. Whether the area to be annexed is either contiguous or, in the opinion of
the General Manager, sufficiently close in proximity to the GHAD so that
the GRAD can efficiently provide the requested services to the new area.
e. Whether, in the case of a proposed annexation of undeveloped property,
the governing body of the City and/or County(if appropriate)has passed a
resolution in support of the annexation.
f. Whether sufficient fees and/or assessments necessary to prevent,mitigate,
abate or control the specific geologic hazard(s)identified in the proposed
Plan of Control and to administer operation of the CHAD consistent with
the Puri of Control can be legally levied on properties within the
boundaries of the area to be annexed.
g. 'Whether the proposed or recommended financial contributions, from the
property owner(s)within the area to be annexed,to the reserve fund of the
existing CHAD is reasonable and sufficient to support the proposed
CHAD operations.
10. At the same time as the Board conducts the public hearing to consider whether the
proposed annexation should be approved,the Board may also conduct a public
hearing to consider the levying of special benefit assessments or other methods of
king the additional expenses anticipated to be incurred by the GHAD in
providing services to prevent,mitigate, abate, or control geologic hazards within
the area proposed to be annexed as defined in the Plan of Control. If special
Hlarkhawk Geologic Hazard Abatamt District Page 5 of 6
Policies related to Annexations
benefit assessments are proposed,the notice and public hearing shall comply with
the Right to Vote on Taxes Act(Cal. Const., art. XIIS, § 4) and implementing
statutes.
11. Pursuant to section 26581, an annexation shall not become final until the Contra
Costa Board of Supervisors, as the body that ordered formation of the Blackhawk
CHAD, adopts a resolution approving the annexation.
12. If desired,the Board may provide that the annexation shall not become final until
the special benefit assessments or other method of financing the services to be
provided to the annexed area have been duly approved as required by law. In
addition, the Board may apply to the annexation any other conditions that the
Board deems necessary or desirable.
Blackhawk Geologic Hazard Abatement District page 6 of 6
Policies related to Annexations
CLAIM
B OARID ()F SUPEMSORS OF CONTRA CQSTA C flys CALLEOMI
BSO MARM 28, 2000
Crim Against the County, or District Governed by }
the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT
and Board Action. All Section references ar t The copy of this document mailed to you is your
notice of the action taken on our claim b the
California Government Codes. iD I '; Y Y
Board of Supervisors. (Paragraph IV below), given
FEB 2 h 2000 pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
$100,000.00 COUNTY COG, '- t•pc
AMOUNT: MARTINEZ,CAUF.
CLAIMANT: Scott Bargen
ATTORNEY: DATE RECEIVED: February 25, 2000
ADDRESS: c/o Martinez Detention Facility BY DELIVERY TO CLERK ON: February 25, 2000
Scott Bargen, Q Module, Rm. #4 February 24 20007
Martinez CA 94553 BY MAIL POSTMARKED: y
L FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, Clerk
Dated: February 25, 2000 By: Deputy
R. FROM County Counsel TO: Clerk of the Boar of Supervisors
( v)'' 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:� � 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:�„�� PHIL BATCHELOR, Clerk, By>000 ' , 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 M4II,1NG
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:11)1By: PHIL BATCHELOR By � Deputy Clerk
CC: County Counsel County Administrator
ze'l
A :o: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
TS`TRUCTIONS IQ CLA1MAhlT
A. 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 before December 31, 1987, must be presented not later than the 100 '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, 1988, 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.
(Gov't 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 fine 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. frud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form.
RE: Claim By Reserved for Clerk's filing stamp
RECEIVED
Against the County of Contra Costa or r--i-�- ) FEB 2 5 1000
95An _
gun
�' _::�"', '11 ' District) CLERK CON RA CO
— STA CO, RS
(Fill in name) )
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district
in the sum of # .,>,. and in support of this claim represents as follows:
1. When 4id_the damage or injury occur?(Give exact date and hour)
F � 3v
2. Where did the damage or injury occur?(Include city and county)
.Mar-T h?e.z _. Cly_• . _.
3. How did the damage or injury occur?(Give full details;use extra paper if required)
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�< ; . OP. f Xne �� e�mi' 741/ /7/7 +�1�1?a�r� on �h�. arra
What particular act or omission on the part of county or district officers, servants, or employees caused the
injury or damage?
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S. What are the names of county or district officers, servants, or employees causing the damage or injury?
6. What damage or injuries do you claim FesultW(Give full extent of injuries or damages claimed. Attach
two estimates for auto damage.
i
7. How was the amount claimed abo a computed?(Include the estimate amount of any prospective injury or
damage)=1?{4. ,J ._ Uil no s',j gip d,`S' rrr'6m�f;:` "�°t'�'<.c?r �� �, :�f'
CoTS ._.._li7s�.._�i`
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8. Names end addresses of witnesses, doctors, and hospitals.
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9. List the expenditures you made on account of this accident or injury.
DAM IBM AMQM
Gov. Code Sec. 910.2 provides "The claim must be
signed by the claimant or by some person on his behalf,"
SEND N0110ES TO: (Anornty
Name and Address of Attorney )
qo i Cc`r t.r775 `( lai mates Sianature)
(Address) �--O I
�I )
Telephone Nb. )Telephone No.
NOTICE
Section 72 of the Penal Code provides:
Every person who,with intent to defrauul,presents for allowance or the 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(S 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.
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CI..AIM
BOAR]2 OF SUPERVISORS OE CONTRA COSTA CO NTY, CA!LIFORNA
BOARD AC11OU MRCH 28. 2000
Claim Against the County, or District Governed by )
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
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
AMOUNT: $295.00
} g00
GG: v ry 00UNSEL
CLAIMANT: Robert Greenslade MARTINEZCALIF.
ATTORNEY: DATE RECEIVED: February 29, 2000
ADDRESS: 1177 Conejo Way BY DELIVERY TO CLERK ON: February 29, 2000
Walnut Creek CA 94596
BY MAIL POSTMARKED: February 28, 2000
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL BATCHELOR, Clerk
Dated: March 1, 2000 By: Deputy ea_
H. 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: —1---0c) By: �- (, eputy 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: 2✓L-? PHIL BATCHELOR, Clerk, By9-/L-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 NIAILING
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:>l'z ', 2,-? ` By: PHIL BATCHELOR By eputy Clerk
CC: County Counsel County Administrator
VICTOR J.WESTMAN
DEPUTIES:
AUI
COUNTY COUNSEL JANICIE L AMENOTA
NORA G.BARLOW
B.REBECCA BYRNES
SILVANt3 B.MARCHESI CONTRA
/� / �y /� {- / ANDREA W.CASSIDY
CONTRA CESTA �J Y 1_ i MONIKA L.COOPER
CH IEF ASSISTANT COUNTY COUNSEL f VICKIE L.DAWES
OFFICE-OF THE ���'�' UNSEL MARKES.ESTIS
SHARON L.ANDERSON LILLIAN 1 CHAEL�uJARR
f c -'AD MIN1STRATlCENl�ltlt,W—'.
ASSISTANT COUNTY COUNSEL 6,51'Pi l c`TR c,T Ft�. JANET
t� r. JANET L.HOLMES
GREGORY C.HARVEY MAR7If�l ,C�lI,{ -.1229 BERNARD L.K
BERNARD L.KNAPP
ASSISTANT COUNTY COUNSEL EDWARD V.LANE,JR.
BEATRICE LIU
MARY ANN MASON
GAYLE MUGGLI PAUL R.MUNIZ
VALERIE J.RANCHE
OFFICE MANAGER STEVEN P RETTIG
DAVID E SCHMIDT
DIANA J.SILVER
PHONE(925)335-1800 BARBARA N.SUTLIFFE
FAX{925}$46-107$ JACQUELINE YWOODS
NOTICE OF INSUFFICIENCY
ANDlO2
.I�T�C N-ACCEPTANCE OF CLAIM
TO: Robert Greenslade
1177 Conejo Way
Walnut Creek, CA 94596
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:
[
11. The claim fails to state the name and post office address of the claimant.
[
12. 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 employee(s) causing the injury, damage, or
loss, if known.
15. 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 or her behalf.
[ ] 7. Other: The claim fails to describe any duty or obligation of the public entity and any action
Page 1
giving rise to the claim.
VICTOR J. WESTMAN
COUNTY COUNSEL
%1
By: f''fie' -= r 66..,
Deputy County Counsel
CERTIFICATE OF SERVICE BY MAIL
(C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,564)
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: March 2,2000,at Martinez,California.
cc: Clerk of the Board of Supervisors(original)
Risk Management
{NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8}
Page 2
n5'f,�d
Feb. 17 . r�e_
2000 REC IV
ED
FEB
Beard of Supervisors
Contra Costa County CLJMK BOAFRC of SUPERVISORS
fol Dine St. CONTRA CO Co.
Martinez, CA 94553
Re: Bike Lanes
Dear Sir or Madam;
I am writing concerning the lack of maintenance of the bike lanes throughout Contra
Costa County. These lanes are filled with glass, rocks, gravel, asphalt from potholes in
the streets, parts of cars, branches from trees, and assorted debris. (Not to mention
deteriorating asphalt and potholes in the bike lanes and debris from construction sites
next to the road) There are also recessed mini manhole covers that are not marked so
they can be easily seen by cyclists.
Enclosed are two (2) brand new tires that cast approximately $70.00. These tires
were ruined in the first week of use in the Alamo/Danville area because of the above
situation.
While riding through Alamo a few weeks ago, my bike went into an out of control
skid. I ended up in the roadway and was extremely lucky that a car did not hit me. When
I got the bike stopped, I noticed that some debris in the bike lane had flew up and
jammed the rear drivetrain of the bike. This resulted in the rear derailleur(which will be
extremely difficult to replace) being torn from the frame of the bike and thrown into the
spokes. There is over $225.00 damage to my bike because of this lack of maintenance.
I believe this county and its municipalities have a legal obligation to maintain these
bike lanes. It is my understanding that Alameda County recently paid a cyclist 9 million
dollars for injuries suffered because of a lack of maintenance of their bike lanes. Unless
this county and its municipalities take the steps necessary to maintain these lanes in a safe
condition, I believe it is only a matter of time before this lack of maintenance results in a
serious injury to a cyclist. Cyclists throughout the county would appreciate your prompt
attention to this matter.
Sincerely,
Robert Greens ode
1177 Conejo Way
Walnut Creek, CA 94596
Enc.-2
TO: a BOARD OF SUPERVISORS
FROM: Phil Batchelor, County Administrator " C o t t r
r
DATE: March 25, 2000
Uosla
SUBJECT: Final Settlement of Claim "
Sharon Renae Ruth vs. Contra Costa County C u L
Claim No. 43395 R
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Receive this report concerning subject final settlement and payment from the General Liability
Trust Fund in the amount of$50,000.
BACKGROUNWREASONS FOR RECOMMENDATION:
Gregory C. Harvey, defense counsel for the County, has advised the County Administrator that
within authorization an agreement has been reached settling the general liability claim of Sharon
Renae Ruth vs. Contra Costa County.
This Board's March 14, 2000 closed session vote was: Supervisors Canciamilla, Gioia,
Uilkema, DeSaulnier, and Gerber, yes.
This action is taken so that terms of this final settlement and the earlier March 14, 2000 closed
session vote of this Board authorizing its negotiated settlement are known publicly.
CONTINUED ON ATTACHMENT: YES SIGNATUR
,"RECOMMENDATION OF COUNTY ADMINISTRATOR OMMENDA OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): `
ACTION OF BOAF R , 2000 APPROVED AS RECOMMENDED X OTHER
L
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
X UNANIMOUS (ABSENT NONE } OF SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: _ ABSTAIN: ATTESTED MARCH 28, 2000
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: Ron Harvey-335-1443
cc: CAC) Risk Management
Auditor-Controller
Gregory C. Harvey, County Counsel
BY DEPUTY