Loading...
R-4623 . CA R~st 4- 3-7 5 . - ,- . RESOLUTION NO. 4623 (CCS) (City Councll Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA RATIFYING THE COMPROM.ISE OF CLAIMS FOR THE CITY'S PUBLIC LIABILITY. WHEREAS, on October 1, 1974, the City of Santa Monica entered ~nto an agreement, being Contract No. 2138 (CCS) with the Bay C~ties Adjustment Company to adjust: (1) liability under the Publ1C Llab~llty Act of 1923; (2) ~ts liabillty for the munLcLpal bus lLnes; and (3) its lLability for Lts automot~ve fleet excludlng lts munlcLpal bus lines; and WHEREAS, pursuant to the authority contalned In the foregolng contract, the Bay Citles AdJustment Company has effected settlements in the amount shown: Date of Date of Accident: Payment: Payee Amount MunLc~pal Bus L~nes: 12/24/74 3/5/75 Auto Club of So. CalLf. $ 209.66 2/19/75 3/7/75 Helen Marie Montgomery 143.88 12/2/74 3/10/75 Dept. of Water & Power, City of Los Angeles 49.98 2/23/75 3/10/75 Liz DeCoursey & Ann R. Buchoz 223.95 11/11/74 3/11/75 Anna Springer & Jack Mattingly, her attorney 1000.00 2/20/75 3/11/75 Dr. David Brotman 52.75 3/2/75 3/14/75 Edward J. Roberts 108.14 3/10/75 3/17/75 Daniel Markey 25.00 2/25/75 3/17/75 Edward Fehrenbacher 394.68 -1- . 'Irt . -- I hereby certify that the foregolng resolutlon was duly adopted by the Clty Council of the City of Santa Monica at a regular meetlng thereof, held on the 22nd day of April , 1975, by the following vote of the Council: AYES: Councilmen: Cohen, Judson, McCloskey, Reed, Swink, Trives NOES: Councilmen: None ABSENT: Counc~lmen: van den Steenhoven _/~~~(}q' / cry Clerk............ APPROVED AS TO FORM: /,/ ---~ -.....--\ /.? I 't)" i~ " ...-....... ", f 1 I ~......: [ f/ ) . Y L. t, : :,' Ii- . ~) "'. t -....---- ,ji..-E./ c;~ ~y~tof,~~-t~. 1--'-.... -r ,- -~--- --. --.--- -" -3- . '. . . Date of Date of Accident: I:ayment: ~aye~ Amount Munic~pal Bus Llnes: 3/1/75 3/19/75 Raymond T. Barber $ 494.15 3/1/75 3/24/75 Auto Inspection Bureau 27.75 3/17/75 3/24/75 Dorothy J. Major 47.00 3/3/75 3/24/75 Mrs. M. Gottlieb 2.75 3/3/75 3/25/75 Mrs. A. Roland 4.00 2/25/75 3/28/75 Molly Anne Fehrenbacher 27.47 Vehicle L~abl1ity: 3/16/75 3/31/75 Wl11iam Stokes 279.33 Comprehensive Llability: 11/19/75 3/6/75 Bernice H. Levine 500.00 1/17/75 3/7/75 Brlan G. Studer 23.41 1/4/75 3/7/75 Z,1rs. Lloyd Glfford 49.00 12/25/74 3/27/75 Fred Rassey 231. 00 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. That the settlement of clalms in the amounts heretofore shown is hereby ratlfied. SECTION 2. The C~ty Clerk shall certlfy to the adoption of thlS resolutlon, and thenceforth and thereafter the same shall be 1n full force and effect. ADOPTED and APPROVED this 22nd day of A P ri 1. 1975. -7/4?k~~ Mayor ATTEST :_ - / -~ /~ - /-' /~/;/J.t:~' . ;;7'2 ~ L C;f ~I./ t::t:/ / Cl tt Clerk -2- - CA GEP: Shr':ll-;~ . _ of 0:. J.Cc tl'<~..... 'T--......... i, [~ " . - .ole, I I - ( Apr.l.l 10, 1975 TO: THE ~ffiYOR AND CITY COU~CIL FROM: CITY ATTORNEY SUBJECT: . SETTLEMENT OF WATER METER LITIGATION Clty of Santa Mon.l.ca et a1.v4 Rockwell Manufactur.l.ng Company, et al. Introduct.l.on T~ere are several ant.l.-trust actions we have been pursU.l.ng wlth other governmental entitles. The one before you has reached the pO.l.nt where an acceptable settlement has been negotlated on the eve of trial. To effect the settlement, of course, requlres the approval of the Clty Councll. Background The attached letter, dated March 31, 1975 from the law flrm of Draper, Adams and Huntington with lts exhlblts, sets forth ln deta.l.l the baslS for tlus settlement and the reasons for recommendlng .l.ts acceptance by the governmental entlties 1nvolved, 1ncludlng the Clty of Santa Monlca. Acceptance of thlS offer guarantees a payment to the Clty of Santa Monlca of a m1nlrnum of ~.l.ne Thousand Six Hundred Nlnety- flve (S9,695) Dollars. The total danages clal~ed by the Clty, willcn would have had to have been proved at the tlme of trlal, 1S $15,285. Of partlcular note in thlS type of actlon lS the fact that there are tremendous expendltures of money and tlme for proper dlscovery and trlal preparatlon. -1- . e . - To the Mayor and Clty Council Apr11 10, 1975 Of the many partles plalntlff, none could have afforded to proceed alone, because the costs of pur5ulng such an actlon would far exceed the potential recovery. There 15 no quest10n but that the counsel for the many parties pla1ntiff have earned their fee. There have been thousands of dollars expended In obtalnlng expert test1mony, proper docUQentat1on and the llke and hundreds of hours spent in rendering legal serV1ces to prepare these cases for tr1al. We have been kept apprlsed by pla1nt1ffs' counsel throughout the proceedlngs and have approved of the1r actlons, such as the cholce of experts and the ]olnder of the proper partles pla1ntlff. It 15 our op1n10n that effecting a settlement whereby the partles defendant are paYlng 80% of the damages claimed 15 a commendable performance. The acts remalning to be done are the execut10n of the release, a copy of Wh1Ch 15 attached, and the dlsffilssal wlth pre]UdlCe as to those part~es defenda~t who are settl~ng at th~5 p01nt Wh1Ch nay be accompllshed by way of resolut~on. Alternative 501ut1ons There is no real1stlc alternatlve solutlon for con- 5lderatlon~ The Clty could choose not to ]Oln ln the settlemeat, but the other governmental entlties lntend to accept t~lS offer. Fallure to accept the settlement offer would leave the Clty of Santa t10nica standlng alone and, whereas we could continue to prosecute the action, as lnd1cated above the costs alone -2- .. . . . To the Mayor and Clty Counell Aprll 10, 1975 for expert test~mony and trlal preparatlon would far exceed any recovery that could posslbly be obtalned. Recommendatlon It lS reco~~ended that the Clty Counell approve the resolutlon, a copy of WhlCh 15 attached, author~zlng the City Manager to execute the release en behalf of the Clty of Santa MODlca and the Clty Attorney to execute the dismlssal of the actlon wlth pre]UdlCe as to those partles contrlbutlng to the settlement. Prepared by: Gene E. Penn Asslstant Clty Attorney -3-