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HomeMy WebLinkAboutRESOLUTIONS - 01011993 - 1993-329 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA' Resolution of the Board of Supervisors of the County of Contra Costa Settling Litigation with the Contra Costa Mosquito Abatement District Concerning the Special District Augmentation Fund Resolution No. 93/329 The Board of Supervisors of the County of Contra Costa, a political subdivision of the :State of California, in a meeting held on the 15th day of June, 1993, at Martinez, California, RESOLVES: WHEREAS the Board of Supervisors of the County of Contra Costa; the County of Contra Costa; and Kenneth J. Corcoran, Auditor-Controller of the County of Contra Costa (hereinafter collectively referred to as the "County") and the Contra Costa Mosquito Abatement District (hereinafter referred to as "District") are parties to litigation; and WHEREAS District filed a Petition for a Writ of Mandamus and Complaint for Declaratory Relief in the Superior Court of the State of California for the County of Contra Costa, Case No. C92-04887, alleging that its allocation of property taxes was unlawfully reduced by the County pursuant to Revenue and Taxation Code Section 98.6(a), following organizational changes undertaken by District subsequent to fiscal year 1978-79; and WHEREAS County cross-complained against District for the amount of the alleged "bailout benefits" received by District; and WHEREAS hearing on the case was held, judgment was entered against the County and for the District, and the County has appealed the Superior Court Judgment, and WHEREAS the Auditor-Controller has by letter on file with the Clerk of this Board fully approved this Settlement, and WHEREAS settlement of this litigation, under the following terms and conditions, is found to be in the best interest of County. NOW, T'HERE'FORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa that the terms and conditions of settlement of this litigation shall be as follows: 1. District is relieved of its claimed obligation to make Special District Augmentation Fund contributions, pursuant to Revenue and Taxation Code Section 98.8(a), for fiscal year 1992-93 and for all future years. County will have no obligation to make any Special District Augmentation Fuad distributions to the District. The District's 1992-3 SDAF contribution amount of $401,493 (plus accumulated interest but less the 1.42% property tax administration fee), currently held by the Auditor-Controller of the County pursuant to a Restraining Order issued by the Contra Costa County Superior Court, shall be transferred forthwith to District for use by the District within its discretion. Notwithstanding any other provision of the Revenue & Taxation Code effective at the time of this Agreement, the parties agree that, for purposes of the County Auditor-Controller making the calculation requiredby Revenue & Taxation Code section 97 for the 1992-93 and subsequent 'fiscal years, the District's SDAF' contribution amount shall be included within the amount of property tax revenue allocated to the District, which amount shall not be subject to reduction pursuant to Revenue & Taxation Code section 986(a) 2. District will make a good faith commitment to clean up any toxic substances from its "Brentwood site within a reasonable time in accordance with applicable requirements of the government agencies that monitor and control such projects. 3. Effective July 1, 1993, the commencement`of the 1993-94 fiscal year, District will permanently assume responsibility for and County will transfer to District the County's Vector Control 'Program currently administered through the Health Department of County. District will thereby' relieve the County of all responsibility for Vector Control and commit to indefinitely maintaining and effecting' the Vector Control Program throughout the County to the 'best of its ability: 4. To defray District's costs of taking over vector control, County shall pay District as follows: 1) $75,000 on July 1, 1993, 2) $75,000 on July 1, 1994, and 3) $50,000 on July 1, 1995. Incident to the transfer of the Vector Control responsibilities, County will transfer ownership to the District of any personal property, equipment and records currently' used in the County's' Vector Control Program. County will retain any real property presently used in said program. if as a part of the assumption of the County's Vector Control Program effective July 1, 1993, the County transfers tithe to any and all equipment and material presently utilized in association with that program to the District, .County shall warrant to the District, with regard to such equipment and materials, that there are no pending citations, criminal prosecutions or other claims of violation of State or Federal law RESOLUTION NO. 93/329 (collectively "claims") with respect to the handling, storage, distribution, use or disposal of hazardous or toxic waste or materialsas defined under State or federal law. If such claim(s) in fact are pending as of July 1, 1993, County agrees to indemnify and hold harmless and defend the District against such claims. County shall also save harmless and indemnify District from any claims and liability which may,exist as a result of the operation of the Vector Control function arising prior to July 1, 1993. Correspondingly, upon County representing the absence of such claims, District agrees to release the County fully and completely for any liability associated with any claims which may occur on, or after July 1, 1993. Such release on the part of the District shall not extend to undisclosed claims as of July '1,' 1993, 5. Employees of County, now employed as part of the County Vector Control Program, who desire to transfer employment to District as 'part of the Vector Control System, may do so. District shall employ such personnel at their current salary and benefit levels received from County and without loss of their currently vested benefits. Conditions of employment with District shall be subject to the meet and confer provisions of the Meyers Milias Brown Act. Arrangements for said transfer shall be completed on or before July' 1, 1993, as further specified in Exhibit A hereto: 6. District waives its right to recover from County any funds contributed to the Special District Augmentation Fund prior to fiscal year 1992-93. Each party will pay their own attorney's fees and costs incident to the litigation and this settlement. 7. The parties agree to cooperate for their mutual benefit in the defense of any action filed against the executed Settlement and subsequent'Judgment in this action, 8. The Parties agree that this Resolution constitutes a full and final resolution of all matters and causes of action arising out of this litigation, 9. Upon receiving a certified copy of a Resolution adopted by the Governing Board of the District, containing the same terms as Paragraphs 1 through 8, above, of this Resolution, counsel for the County shall forthwith file a dismissal of the appeal with prejudice, :and the County shall comply with the terms of the Judgment. RESOLUTION No. 93/329 PASSED AND ADOPTED by the Board of Supervisors of Contra Costa County by the following vote: AYES; Supervisors Powers, Smith, Bishop, MCPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None ATTEST: June 15, 1953 Phil Batchelor , Clerk of the Board of Supervisors and County Administrator By , deputy c:iwordlfiles\setmd.doc:6/10193-3 RESOLUTION NO. 93/329 ZX IBIT A Lead Vector Controller Clifford A. Smith, 54-1955 Vector 'Control Technician Charles Berry 54-1968 Vector 'Control Technician John Chase 54-1978 RESOLUTIM No. 931329