HomeMy WebLinkAboutMINUTES - 03031987 - 1.12 To: BOARD OF SUPERVISORS n,�,.,+
FROM: Victor J. Westman, County Counsel Contra
By: David F. Schmidt, Deputy County Counsel/� Costa
DATE: February 26, 1987 WCoin/
SUBJECT: Contra Costa County Flood Control and Water Conservation
District v. Fujii, et al. ; Case No. 275125
Wildcat and San Pablo Creeks Flood Control Project
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION: Subject to the authority previously granted,
and as approved by the State Department of Water Resources, approve
the negotiated tentative settlement of $320, 074 . 00 recommended by
Special Counsel for Flood Control District; authorize and direct
County Auditor-Controller to deposit $145, 374 . 00 with Contra Costa
County Superior Court; authorize County Counsel and Special Counsel
for flood control district to take all steps necessary (e.g. ,
execute Judgment Stipulation) to finalize settlement.
FINANCIAL IMPACT: The financial impact to the flood control
district of the proposed settlement will be $54, 050. 05 ( 37 .18% of
$145, 374 . 00) .
REASONS FOR RECOMMENDATION/BACKGROUND: This condemnation case
was filed on July 24 , 1985 . The case seeks to acquire by eminent
domain a 4 . 5-acre parcel used as a nursery by the Fujii family.
The property adjoins San Pablo Creek near the intersection of
Garden Tract Road and Parr Boulevard. The Fujii parcel is required
in connection with the Wildcat and San Pablo Creeks Flood Control
Project being constructed by the U.S. Army Corps of Engineers .
As outlined above, the Fujiis have agreed to accept a tenta-
tive settlement of $320, 074 . 00 , which tentative settlement is
recommended by Special Counsel for the flood control district and
approved by the State Department of Water Resources . Under the cost-
sharing arrangement for this project, the state pays 62 .82% of the
land acquisition costs . Given this cost-sharing, the actual cost
to the flood control district of the tentative settlement is
$54, 050 . 05 (i.e. , 37 .18% of $145, 374 . 00 ) .
CONSEQUENCES OF NEGATIVE ACTION: If the recommended
settlement is not approved, trial of the .case may result in more
expense to the flood control district.
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S :
ACTION OF BOARD ONMAR 1 1981 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
_L//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 _ MAR 3 1987 _
Auditor (via Co . Counsel) PHIL BATCHELOR, CLERK OF THE BOARD OF
Public Works SUPERVISORS AND COUNTY ADMINISTRATOR
Flood Control
Real Property ,
BY ,DEPUTY
M382/7-83