HomeMy WebLinkAboutMINUTES - 04071992 - 1.42 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 7, 1992, by the following vote: 1
AYES: Supervisors P6wers , Fanden, Torlakson, McPeak
NOES: None
ABSENT: Supervisor Schroder
ABSTAIN: None
SUBJECT: Settlement of Litigation Filed against County by
Greenbelt Alliance and Sierra Club
Vasco Road General Plan Amendment
RECOMMENDED ACTION: APPROVE and AUTHORIZE Board Chair to execute
Settlement Agreement and Release in Greenbelt Alliance, et al. v.
County of Contra Costa, et al.
FINANCIAL IMPACT: None; the Contra Costa Water District is
paying the costs covered by the agreement.
REASONS FOR ACTION/BACKGROUND: On June 24, 1991, the Greenbelt
Alliance and Sierra Club ("petitioners") filed suit against the
County in the Contra Costa County Superior Court (Greenbelt
Alliance, et al. v. County of Contra Costa, et al. , Case No. C91-
02790) . The suit alleged that the Board's approval of the Vasco
Road General Plan Amendment was invalid under the California
Environmental Quality Act (CEQA) .
After a trial held before Judge Peter Spinetta, the court
ruled in favor of the County and the Contra Costa Water District
("CCWD") . Judgment was entered on February 6, 1992 approving the
Vasco Road General Plan Amendment and awarding costs of suit
($1,250.48) to the County and CCWD.
The petitioners have offered not to appeal the judgment and
not to apply for an award of attorneys fees in exchange for the
payment of $514. 19 by CCWD and a waiver of costs by the County
and CCWD. This proposal would allow the Vasco Road relocation
project to proceed without the potential delay of an appeal. The
CCWD board has approved the proposed settlement, including the
payment of $514 . 19 to the petitioners. Since CCWD is paying the
$514 . 19, as well as the costs of suit incurred in this case, the
proposed settlement would have no financial impact on the County.
The County Counsel 's Office has discussed the settlement
offer with the Public Works Department and both departments
recommend that the settlement be accepted.
CONSEQUENCES OF NEGATIVE ACTION: If the petitioners appeal the
judgment or apply to the court for an award of attorney's fees,
this could result in additional legal expense to the County.
Orig. Dept. - County Counsel
cc: Public Works Department I hereby certify that this Is a true and oomeot Copy of
action taken and entered on the minutes of the
Major Projects Divisio ' supervt rs on ere date shown.
Community Development �ofATT ESTED: I .&4ze_ ;11 / 9 9 2
PHIL BAT HELOR,Clerk of the Boara
of Supervisors and County Administrator
By ____. _ ,Deputy