Agenda

Return

C. 18

To:	Board of Supervisors
From:	Sharon L. Anderson, County Counsel
Date:	July 11, 2017

Contra

Costa

County

Subject:

Approve a joint defense confidentiality agreement related to Contra Costa County Flood Control and Water Conservation District v. Gary A. Eames, et al

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 07/11/2017

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
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Stephen Siptroth, 925 335-1817

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: July 11, 2017
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

As the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the County Counsel, or her designee, to execute a joint defense confidentiality agreement between the District and the City of Antioch related to the lawsuit Contra Costa County Flood Control and Water Conservation District v. Gary A. Eames, et al. (Contra Costa Co. Super. Ct. Case No. C15-02052), as recommended by the County Counsel.

FISCAL IMPACT:

The joint defense agreement authorizes the District and the City to share costs charged by the District’s expert appraiser in this case. The District’s appraiser charges $200 per hour for appraisal services and $300 per hour for giving deposition and court testimony. The City will reimburse the District for one half of the appraiser’s fees for services he performs between May 1, 2017, and October 31, 2017.

BACKGROUND:

BACKGROUND: (CONT'D)

The Contra Costa County Flood Control and Water Conservation District filed an eminent domain action entitled Contra Costa County Flood Control and Water Conservation District v. Gary A. Eames, et al. (Contra Costa Co. Super. Ct. Case No. C15-02052) (the “Action”). The District is condemning certain portions of property located at 1400-1420 W. 10th Street, in Antioch (the “Property”). The Property is owned by Gary A. Eames and Donna Ray Eames, who are defendants in the Action (“Defendants”). The Parcels are needed for the West Antioch Creek Channel Improvements Project (“Project”) being undertaken jointly by the District and the City of Antioch.

The Defendants have filed cross-complaints for inverse condemnation against the District and the City. The District and the City have been planning for this Project for several years. The Defendants’ cross-complaints allege that, since 2007, the District’s and the City’s ongoing actions caused the Property to incur compensable pre-condemnation damages. The District and the City deny these allegations.

The District and the City are joint defendants and need to coordinate their defenses to the cross-complaint without waiving any privilege or the confidentiality of any documents one party may share with the other party. The joint defense confidentiality agreement will enable the District and the City to share otherwise privileged documents and communications with each other while maintaining the confidentiality of the documents and communications under the common interest doctrine.

Additionally, the District and the City will retain the same expert appraiser to determine the just compensation for the Parcels, including, but not limited to, any damages caused by the acquisitions and by compensable pre-condemnation damages. Because the appraiser’s expert opinion will address valuation issues common to both of their defenses, the City and the District will share the costs for the appraiser’s services between May 1, 2017, through October 31, 2017.

For these reasons, District staff and the County Counsel’s Office recommend that the Board of Supervisors approve the joint defense confidentiality agreement.

CONSEQUENCE OF NEGATIVE ACTION:

If the Board of Supervisors does not approve the joint defense confidentiality agreement, there would be no agreement on how to treat confidential documents one co-defendant receives from the other co-defendant, and the District would pay all fees charged by the expert appraiser for services that will address valuation issues common to the District and the City.