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HomeMy WebLinkAboutMINUTES - 06021998 - CONVENE 06-02-1998 CONVENE CS. b=TING OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY JUNE 2, 1998 Vice Chair Joe Canciamilla convened the meeting of the Board of Supervisors this day at 9 :11 a.m. in the Board Chambers, Room 1.07, of the County Administration Building, 651 Pine Street, Martinez, California. The Clerk called the roll, and Supervisors present were : Supervisor Gayle B. Uilkema, District II Supervisor Donna Gerber, District III Supervisor Mark DeSaulnier, District IV Supervisor Joe Canciamilla, District V The Vice Chair then adjourned the meeting to Closed Session in Room 1.05 of the County Administration Building pursuant to the Closed Session Agenda attached. Chairman Rogers arrived between the roll call and adjournment to Closed Session. At 10 :203 a.m. , with all five Supervisors present, the Board reconvened in its Chambers. Victor Westman, County Counsel, announced that in Closed Session, by a unanimous vote, with all five Supervisors present, the Board had authorized a settlement agreement in the matter of Contra Costa County v. Pacific Gas and Electric Co. , Bay Judicial District Case No. 0336638 . The Board then proceeded with its Agenda. Attested: Phil Batchelor, Clerk of the Board and Co my mini r�ator By: -14 puty C1e SUPPLEMENTAL CALENDAR OF CLOSED SESSION ITEMS FOR THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY AND FOR SPECIAL DISTRICTS, AGENCIES, AND AUTHORITIES GOVERNED BY THE BOARD BOARD CHAMBERS AND ROOM 105, ADMINISTRATION BUILDING TUESDAY, June 2, 1998, 9:00 A.M. AND THEREAFTER DURING THIS REGULAR June 2, 1998 MEETING A. EXISTING LITIGATIONF N E WITH COUNSEL. TI Tf N HAS BEEN FORMALLY INITIATED. Gov.Gode. § 54956.9(A4).l CASES: 1. Hunsaker, at al. v. County of Contra Costa, et al., U.S.D.C. N.D. No. 095- 1082 MMC. 2. Contra Costa county v. Pacific Gas and Electric Co., Bay Judicial District Case No. 036638. B. CQN ERENCE WITH LABOR NEGOTIATORS 1. Agency Negotiators: Leslie Knight and Kathy Ito, Employee Organizations: Contra Costa County Employees' assoc., Local No. 1; AFSCME Locals 512 and 2700; Calif. Nurses Assoc. (CNA); Social Services Union SEW Local#535; C.C.C. Appraiser's Assn.; District Attorneys Investigators Assoc., Deputy Sheriffs Assn. (DSA); United Prof. Firefighters, Local 1230; Physicians' & Dentists' Organization of Contra Costa; Western Council of Engineers; and Teamsters Local 315. 2. Agency Negotiators: Phil Batchelor, Leslie Knight and Kathy Ito. Unrepresnted Employees: All unrepresented agency management employees (Exh. A., Resol. No. 96/488), unrepresented nursing classification employees and all other unrepresented agency employees. C. PUBLIC EMPLOYEE PEREMANCE EVALUATION Title: Executive Director, Private Industry Council. HA0F0T11CL-sESl une2-98.wpd SETTLEMENT AGREEMENT MUTUAL RELEASE AND COVENANT NOT TO SUE This Settlement Agreement,Mutual Release, and Covenant Not to Sue ("Release") is entered into by and between Pacific Gas and Electric Co. ("PG and E"),on the one hand, and Contra Costa County("the County"), on the other hand,as to all claims that they have or may have akainst each other as set forth below. RECITALS WHEREAS, there is now pending before the Municipal Court of the State of California, County of Contra Costa, Bay Judicial District, a legal action entitled Contra Costa Courtly v Pa—ci wQm and GO,, all as set forth in Case Number 036638("the Action"); and WHEREAS,PG and E and the County desire to compromise completely and finally the Action between themselves so as to avoid the expense of further litigation, and WHEREAS, PG and E contends that it is not liable for any claims raised by the County in the Action and the County contends that it is not liable for any claims raised by PG and E in the Action, NOW,THEREFORE, each party agrees as follows: 1. PG and E shall pay to the County the sum of nine thousand and one hundred and fifty eight dollars and seven cents ($9,158.07) within thirty (30) days of the date of the final execution of this Release. 2. PG and E shall not attempt at any time to collect any moniesfrom the County for PG and E's temporary removal of its power lines at Station 254 on San Pablo Dam Road, Project No. 0672-686210-95. 3. The County shall dismiss with prejudice within ten (10) days of receiving said payment from. PG and E the County's Complaint in the Action. 4. Each party agrees to, and hereby does, waive any further claims, demands, controversies, actions, causes of action, obligations, damages, liabilities,costs, and expenses, including attorneys' fees, that it has, or may have, against the other party that arise or may arise out of the Action. 5. Each party, on behalf of itself and its successors, assigns, and beneficiaries, agrees to, and hereby does, release and forever discharge the other party from any and all claims, demands, controversies, actions, causes of action, Obligations, damages, liabilities, costs, and expenses, including attorneys' fees, of any nature whatsoever, whether at law or in equity, that it ever had, now has, or which its successors, assigns, or beneficiaries may hereafter have against 1 the other party that arise out of the Action. b. Each party understands and agrees that this Release includes all claims for costs, expenses, and attorneys' fees,taxable and otherwise, incurred in,or arising out.of,the prosecution or defense of the Action. 7. Each party understands and agrees that it hereby completely and finally releases the other party from all unknown and/or unanticipated damages arising out of the allegations and matters set forth in the Action,as well as from those now known or disclosed, and each party waives all rights or benefits that it now has,or in the future may have, under the terms of Section 1542 of the Civil Code of the State of California,which section reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release,which if known by him must have materially affected his settlement with the debtor. 8. Each party understands and agrees that it may have sustaineddamages arising out of the Action that may not have manifested themselves and that are presently unknown, but, nevertheless, it deliberately intends to, and hereby does, release the other party from all such possible future claims. Furthermore, each party understands and agrees that, if the facts with respect to which this Release is executed and the dismissal herein provided for is made are found hereafter to be other than, or different from, the facts now believed by it to be true, each party expressly accepts and assumes the risk of such possible difference in facts and agrees that this Release shall be, and remain, effective notwithstanding such difference in facts. 9. Each party represents and warrants that it has the sole right and exclusive authority to execute this Release and that it has not sold, assigned, transferred, conveyed, or otherwise disposed of any claim or demand against the other party relating to any matter covered by this Release. 10. Each party agrees that it will not commence, maintain, continue, or voluntarily assist in any way in the prosecution by any other person or entity of any claim against the other party relating to any matter covered by this Release. 11. Each party agrees to indemnify and hold harmless the other party from any any and all claims, demands, controversies, actions, causes of action, obligations, damages, liabilities, costs, and expenses, including attorneys' fees, arising from, or in connection with, any breach of any provision of this Release by that party. 12. Any dispute or disagreement concerning or arising out of this Release shall be submitted to arbitration, with the arbitrator to be appointed by the Presiding Judge of the Superior Court of the County, with the prevailing party to receive its reasonable attorneys' fees and costs necessitated by any arbitration under this paragraph. 2 i 13. Neither the transfer of any consideration, nor the doing of any of the acts referred to in this Release,nor anything else contained in this Release shall be taken or construed to be an admission on the part of either party of any claims,demands, controversies, actions, causes of action,obligations,damages,or liabilities asserted by the other party. Each party hereby expressly denies any and all such claims,demands,controversies, actions,causes of action,obligations,damages,or liabilities. 14. This Release shall bind and inure to the benefit of each party and each party's present and former directors,officers,employees,agents,counsel,representatives,predecessors, successors,assigns,and beneficiaries. 15. Each party declares that,prior to the execution of this Release, it and/or its duly authorized representative(s)have apprised themselves of sufficient relevant data,either through experts or other sources of their own selection, in order that it might intelligently exercise its judgment in deciding whether to execute, and in deciding on the contents of;this Release. Each party declares that the decision to execute this Release is not predicated on,or influenced by,any declarations or representations of the other party. Each party declares that the contents of this Release have been explained to it by its counsel,that this Release constitutes the entire release intended by it,and that this Release is entered into freely and voluntarily on the advice of its counsel. Each party declares that the negotiation and drafting of this Release have been participated in by both parties and/or their counsel and,for all purposes, this Release shall be deemed to have been drafted jointly by both parties. 16. Each party understands and agrees that this Release shall not be altered, amended, modified,or otherwise changed in any respect whatsoever except by a writing duly executed by the authorized representative(s)of both parties. 17. This Release may be executed in counterparts and shall be effective when fully executed by both parties. Dated: May 14 1998 Dated: , 1998 R er Gra _ V.P. — General Services J. Michael Walford Pacific Gas and Electric Co. Public Works Director Contra Costa County Approved as to form: Approved as to form: Victor J. Westman, County Counsel ernard Y. Dell arta, Esq. By: Attorney for Pacific Gas and Electric Co. Phillip S. Althoff, Deputy County Counsel H:%DPFIS%PSA\LETT@CLS\82.W PD