R-4623
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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
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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
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/ cry Clerk............
APPROVED AS TO FORM:
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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.
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Mayor
ATTEST :_
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/ Cl tt Clerk
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Apr.l.l 10, 1975
TO:
THE ~ffiYOR AND CITY COU~CIL
FROM:
CITY ATTORNEY
SUBJECT:
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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.
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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
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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
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