HomeMy WebLinkAboutMINUTES - 07242012 - C.25RECOMMENDATION(S):
RECEIVE public report of litigation settlement agreements that became final during the period of June 1, 2012
through June 30, 2012.
FISCAL IMPACT:
Settlement amounts are listed below.
BACKGROUND:
Three agreements to settle pending litigation, as defined in Government Code section 54956.9, became final during
the period of June 1, 2012 through June 30, 2012.
Contra Costa County v. Vitug, et al., CCC Sup. Ct. Case No. C11-01420. 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 for
$8,500, plus statutory costs and interest. The Board of Supervisors authorized settlement on April 17, 2012 in closed
session, by a 4-0 vote. Judgment pursuant to the parties’ stipulation was entered on June 18, 2012. The settlement
amount will be paid through Contra Costa Transportation Authority
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/24/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Contact: Thomas Geiger,
925-335-1800
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: July 24, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: STACEY M. BOYD, Deputy
cc: Thomas Geiger, Supervising Deputy County Counsel, Sharon Hymes-Offord, Risk Manager, Karen Laws, Principal Real Property Agent
C. 25
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:July 24, 2012
Contra
Costa
County
Subject:RECEIVE public report of litigation settlement agreements that became final during the period of June 1, 2012
through June 30, 2012, as recommended by
BACKGROUND: (CONT'D)
funds.
Shari Miller v. County of Contra Costa, CCC Sup. Ct. Case No. C11-01239. This case involved termination of
employment. As part of a settlement and release agreement, the Board of Supervisors authorized payment of $30,000
to the plaintiff, inclusive of attorney fees and costs. The Board authorized settlement on June 26, 2012, in closed
session, by a 4-0 vote. The settlement became final on June 29, 2012. The settlement amount is paid through the Risk
Management Liability Internal Service Fund.
County of Contra Costa v. Bank of America, N.A., et al. (In re Municipal Derivatives Litigation – Case No. MDL
1950 (S.D.N.Y.)). This case was a lawsuit against various financial institutions alleging violations of antitrust laws in
connection with municipal derivative investments. One of the defendants, Morgan Stanley, agreed to pay the County
$1,565, which was the County’s pro rata share of a total settlement between Morgan Stanley and numerous public
agency plaintiffs. The Board authorized settlement on February 14, 2012, in closed session, by a 4-0 vote. The
settlement became final on June 30, 2012.
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 reported 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.