HomeMy WebLinkAboutMINUTES - 07251989 - 1.18 BOARD OF SUPERVISORS
FROM:' Victor J. Westman, County Counsel �
By: David F. Schmidt, Deputy County Counsel D�a,�n},t�
DATE: July 14, 1989 Costa
SUBJECT: Settlement of Litigation - William P. Young, Inc. v. Contra
Costa County; Superior Court Case No. C88-04696
Zander Drive Slide Repair Project (Orinda area)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE Settlement Agreement and AUTHORIZE Board Chair to sign,
AUTHORIZE dismissal of cross-complaint, and DIRECT County Counsel
to take all steps necessary to finalize dismissal.
FINANCIAL IMPACT:
None.
REASONS FOR RECOMMENDATION/BACKGROUND:
On May 2, 1989, the Board approved settlement of this case with
plaintiff William P. Young, Inc. ( "Young" ) . Under the terms of
the settlement, the County paid $42,811 . 00 to Young for
additional work performed on the Zander Drive Slide Repair
Project in the Orinda area. Public Works staff has confirmed
that the federal government will reimburse the County for the
money paid to Young.
While the main case has been settled and dismissed, the County' s
cross-complaint against the soils consultant, Converse
Consultants ( "Converse" ) , is still pending. A tentative
settlement has now been reached with Converse. In exchange for
dismissal without prejudice of the cross-complaint, Converse has
agreed to waive its attorney' s fees and costs . The Public Works
Director and County Counsel jointly recommend that the Board
authorize dismissal of the cross-complaint, thus ending this
lawsuit.
CONSEQUENCES OF NEGATIVE ACTION:
The lawsuit would continue at additional expense to the County.
CONTINUED ON ATTACHMENTL _ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF ({B[[{�O�ARD COMMITTEE
APPROVE OTHER
SIGNATURE S :
ACTION OF BOARD ON uY 25 , 1989 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X 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.
cc: County Counsel ATTESTED July 25 , 1989
Public Works (via County Counsel) PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 BY 4 t �� DEPUTY