Agenda

Return

C. 13

To:	Board of Supervisors
From:	Thomas L. Geiger, County Counsel
Date:	August 15, 2023

Contra

Costa

County

Subject:

Public report of litigation settlement agreements that became final during the period of May 1, 2023, through July 31, 2023.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 08/15/2023

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Monika L. Cooper, Assistant County Counsel, (925) 655-2200

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 15, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

RECEIVE public report of litigation settlement agreements that became final during the period of May 1, 2023, through July 31, 2023, 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 May 1, 2023, through July 31, 2023.

BACKGROUND: (CONT'D)

Tree City, LLC v. Contra Costa County, Contra Costa County Superior Court Case No. MSC22-00304. On June 13, 2023, the Board of Supervisors approved a settlement in this lawsuit involving County-owned property along the Iron Horse Trail in San Ramon. Under the settlement, the plaintiff will pay an annual license fee for its use of County property, beginning at $25,000 the first year and increasing by 2% each subsequent year. The Board approved the settlement in closed session by a 5-0 vote. The Board approved a license agreement with the plaintiff in open session on June 13, 2023. The settlement agreement was fully executed on July 19, 2023.

Judon Cherry v. Contra Costa County Fire Protection District, et al., United States District Court Case No. 4:22-cv-02748-YGR: On July 18, 2023, the Board of Supervisors approved by a vote of 4-0 (Glover absent) a settlement in this employment case involving the Contra Costa County Fire Protection District. The settlement agreement for $565,000 was fully executed on July 23, 2023. The funding source is the Risk Management Liability Internal Service Fund.

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.

CLERK'S ADDENDUM

Speakers: Caller 1.