2011061902 - Approval Settlement - Fiedler vs TownDATE:
TO:
FROM:
COUNCIL AGENDA REPORT
September 14, 2011
MAYOR AND TOWN COUNCIL
JUDITH PROPP, TOWN ATTORNEY
MEETING DATE: 9/19/11
ITEM NO:
SUBJECT: APPROVE SETTLEMENT AND AUTHORIZE TOWN ATTORNEY
AND TOWN MANAGER TO NEGOTIATE AND EXECUTE A
SETTLEMENT AGREEMENT IN FIEDLER v. TOWN OF LOS GATOS
RECOMMENDATION:
Approve a settlement and authorize the Town Attorney and Town Manager to negotiate and execute a
settlement agreement in Fiedler v. Town of Los Gatos, Santa Clara Superior Court, Case No. 110 CV
173748.
BACKGROUND:
The parties have agreed to a settlement in the matter entitled Fiedler v. Town of Los Gatos (Case No.
110 CV 173748) involving a real property dispute involving a public roadway. The resolution will
approve the settlement and authorize the Town Attorney and Town Manager to negotiate and execute a
settlement agreement, an easement in the Town's favor and related documents to settle this matter for
$72,500 and an Easement in the Town's favor.
DISCUSSION:
This matter was referred to mediation in April 2011. The mediation did not result in resolution in this
case. Discussions between the parties continued and, the Town subsequently had a second survey of the
property prepared. After considering the property surveys, Plaintiff's counsel submitted a settlement
demand and Town countered. It is recommended that the settlement be accepted in the amount of
$72,500, in exchange for an Easement in the Town's favor, subject to the terms and conditions
negotiated by the Town Attorney.
PREPARED BY: Judith Propp, Town Attorney
rlY
Reviewed by: ' 7-'T own Manager Assistant Town Manager Finance
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: APPROVE SETTLEMENT AND AUTHORIZE A SETTLEMENT
AGREEMENT IN FIEDLER v. TOWN OF LOS GATOS (CASE NO. 110CV 173748)
September 14, 2011
ENVIRONMENTAL ASSESSMENT:
The recommended action is not a project as defined under CEQA, and no further action is required.
FISCAL IMPACT:
Approval of the funds would result in the payment of $72,500. Funds for the settlement of this case are
available in the Town's Liability Programs fund. The ls` quarter budget report (November 2011) will
reflect a recommended budget adjustment to account for these funds.