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HomeMy WebLinkAboutMINUTES - 05172011 - C.03RECOMMENDATION(S): RECEIVE public report of litigation settlement agreements that became final during the period of April 1, 2011 - April 30, 2011. FISCAL IMPACT: Settlement amounts were paid from the sources specified below. BACKGROUND: Two agreements to settle pending litigation, as defined in Government Code section 54956.9, became final during the period of April 1, 2011 - April 30, 2011. Contra Costa County v. Gutierrez, et al., CCC Sup. Ct. Case No. C10-03164. This was an action to acquire certain property by eminent domain in the Antioch area as part of the State Route 4 East – Somersville Road to Route 160 widening project. It was agreed that the defendants would convey all necessary property interests to the County APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/17/2011 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharon L. Anderson 335-1800 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: May 17, 2011 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: tom geiger, Sharon Hymes-Offord C. 3 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:May 17, 2011 Contra Costa County Subject:Receive public report of litigation settlement agreements that became final during the period of April 1, 2011 - April 30, 2011 BACKGROUND: (CONT'D) for $6,700. The Board of Supervisors authorized settlement on February 8, 2011, in closed session, by a 5-0 vote. Judgment pursuant to the parties’ stipulation was entered on April 13, 2011. The settlement amount was paid through Contra Costa Transportation Authority funds. Contra Costa County v. D’Anna, et al., CCC Sup. Ct. Case No. C08-00214. This was an action to acquire certain property by eminent domain in the Bethel Island area as part of the Bethel Island Bridge Reconstruction Project. It was agreed that the defendants would convey all necessary property interests to the County for $924,075. The Board of Supervisors authorized settlement on April 5, 2011, in closed session, by a 4-0 vote, Supervisor Mitchoff absent. Judgment pursuant to the parties’ stipulation was entered on April 22, 2011. Of the settlement amount, 80 percent was paid with federal funds and 20 percent with local road funds. No agreements to settle pending litigation became final during the period of March 1-March 31, 2011. This report includes final settlements of litigation matters handled by the Office of the County Counsel. This report does not include litigation settlements that were previously reported orally in open session or by the Risk Management Division of the County Administrator’s Office as a consent item on the Board’s open session agenda. CONSEQUENCE OF NEGATIVE ACTION: The report would not be accepted. CHILDREN'S IMPACT STATEMENT: Not applicable