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HomeMy WebLinkAboutMINUTES - 08062013 - C.12 (2)RECOMMENDATION(S): RECEIVE public report of litigation settlement agreements that became final during the period of July 1, 2013 through July 31, 2013, as recommended by County Counsel. FISCAL IMPACT: Settlement amounts are listed below. BACKGROUND: Two agreements to settle pending litigation, as defined in Government Code section 54956.9, became final during the period of July 1, 2013 through July 31, 2013. Contra Costa County v. Donald G. Parachini, et al., CCC Sup. Ct. Case No. C12-00041 (Consolidated with S.F. Bay Area Rapid Transit Dist. v. Parachini, CCC Sup. Ct. Case No. C11-02529). This was an action to acquire certain property by eminent domain in the Antioch area as part of the State Route 4 East - Somersville to Route 160 widening project. It was agreed that the defendants would convey all necessary property interests to the County for $1,614,996, plus statutory interest and costs. The Board of Supervisors authorized the settlement on May 14, 2013, in closed session, by a 5-0 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 08/13/2013 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V 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: August 13, 2013 David Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Thomas Geiger, Supervising Deputy County Counsel, Sharon Hymes-Offord, Risk Manager C. 12 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:August 13, 2013 Contra Costa County Subject:Public report of litigation settlement agreements that became final during the period of July 1, 2013 through July 31, 2013. BACKGROUND: (CONT'D) vote. Judgment pursuant to the parties' stipulation was entered on July 16, 2013. The settlement amount will be paid through Contra Costa Transportation Authority funds. Flight Options, LLP v. County of Contra Costa, CCC Sup. Ct. Case No. C13-00424. This case involves the taxation of fractionally-owned aircraft. As part of a settlement and release agreement, the Board of Supervisors authorized the refund of taxes the plaintiff paid in fiscal years 2004-2005 through 2006-2007 in the amount of $23,985, plus statutory interest, in exchange for the dismissal of the plaintiff’s tax refund complaint and related assessment appeals. The Board authorized settlement on June 25, 2013, in closed session, by a 3-0 vote, Supervisors Gioia and Piepho absent. The settlement became final on July 22, 2013. 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.