Agenda

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C. 11

To:	Blackhawk GHAD Board of Directors
From:	Patricia E. Curtin, GHAD Attorney and General Manager
Date:	September 20, 2016

Contra

Costa

County

Subject:

Claims submitted by Various Claimants Within the Silver Oak Townhomes Homeowners Association Against the GHAD

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 09/20/2016

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Federal D. Glover, District V Supervisor

ABSENT:

Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor

Contact:

Amara Morrison 510.622.7689

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.
ATTESTED: September 20, 2016
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

DENY claims submitted by the following Claimants, each individually seeking in excess of $10,000 for alleged damages to real property owned and/or managed by the Claimants:


A. Michael Volberding and Pamela Volberding (531 Silver Oak Lane, Danville, CA)

B. Michael Brown and Kathleen Brown (539 Silver Oak Lane, Danville, CA)

RECOMMENDATION(S): (CONT'D)

C. Richard Ruslender and Muriel Ruslender (545 Silver Oak Lane, Danville, CA)
D. Mary Sembrat (553 Silver Oak Lane, Danville, CA)
E. Michael DesRosiers and Kristine DesRosiers (555 Silver Oak Lane, Danville, CA)
F. Omar Murillo and Nelab Murillo (557 Silver Oak Lane, Danville, CA)
G. Geoffrey Fisher (559 Silver Oak Lane, Danville, CA)
H. Curtis Kundred and Julia Kundred (561 Silver Oak Lane, Danville, CA)
I Jose Mendoza and Theresa Mendoza (561 Silver Oak Lane, Danville, CA)
J. Helen Vrionis (563 Silver Oak Lane, Danville, CA)
K. Mehri Shahabi (565 Silver Oak Lane, Danville, CA)
L. Shashipavan Bairaboina (567 Silver Oak Lane, Danville, CA)
M. Silver Oak Townhomes Homeowner Association

FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

Commencing late July of 2015, the Blackhawk Geologic Hazard Abatement District (GHAD) commenced work on a slope stabilization project (project) on the common area hillside immediately below Silver Oak Lane and owned by the Blackhawk Corporation (BHC). The BHC property is located within the boundaries of the GHAD. The project was constructed below Building 7 at 563-569 Silver Oak Lane, Danville, California, on Parcel G which is owned by BHC. Building 7 is comprised of a fourplex of townhomes containing four parcels: APN 203-570-068 (569 Silver Oak Lane); APN 203-570-067 (567 Silver Oak Lane); APN 203-570-066 (565 Silver Oak Lane); and APN 203-570-065 (563 Silver Oak Lane).
The project primarily consisted of the installation of a subgrade, structural slope stability installation on Parcel G on the hillside slope below Building 7. The project was accepted by the District as complete on January 4, 2016.

On August 8, 2016, the GHAD received individual claims from the above-mentioned owners and manager of the Silver Oak Townhomes Homeowners Association, each presenting damages claims against the GHAD in excess of $10,000.

CONSEQUENCE OF NEGATIVE ACTION:

A non-denial (or acceptance) of the claim could be viewed as an admission of liability which would jeopardize our ability to fight the claim legally.