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1970 DEC 04 CC MIN2950 E1 Segundo, California December 4, 1970 A Special Meeting of the City Council of the City of E1 Segundo, California, was held in the Council Chamber of the City Hall of said City on the above date. The City Clerk reported that proper notice of the Special Meeting had been given and posted as required by law and affidavit of posting was on file in the office of the City Clerk. The meeting was then called to order by Gordon T. Stephens, Mayor, the hour being 5 :00 o'clock p. m. ROLL CALL Councilmen Present: Balmer, Frederick, McGill, Nagel and Mayor Stephens; Councilmen Absent: None. At the hour of 5 :05 o'clock p, m. , the Council recessed to an Executive Session in the Mayor's office. At the hour of 6 :40 o'clock p. m. , the Council reconvened, all members being present and answering roll call. City Attorney Allen reported that during the proceedings on December 3, 1970 in the matter of Van Drie vs City of E1 Segundo in Depart- ment 69 of the Superior Court, he had entered into discussion at the invitation of Mr. Stephen Solomon, Attorney for Mr. Van Drie, concerning settlement. Mr. Allen presented to the Council a settlement agreement which he recommended that the City Council approve. The reason for his recommendation was that it appeared to him that whoever wins, the case can be appealed and, if appealed, the cost to the City would exceed manyfold the $5, 000 that is proposed to be paid to Mr. Van Drie by this settlement agreement. It was therefore his recommen- dation that the Council enter into this agreement and authorize the Mayor to sign and the City Clerk to attest in duplicate and the City Attorney be authorized to deliver an executed copy of the agreement to Mr. Solomon. Motion was made by Councilman Frederick, seconded by Councilman McGill that the following resolution be adopted: RESOLVED, that that certain form of Agreement between the City of E1 Segundo and Gerhardt Van Drie for settlement of the matter of Van Drie vs City of El Segundo, et al, presented to this Council on this date, be and the same is hereby approved and that a copy of said Agreement be placed on file in the office of the City Clerk, which Agreement is as follows: "SETTLEMENT AGREEMENT This Agreement made and entered into this 4th day of December, 1970, by and between GERHARDT VAN DRIE, herein- after sometimes referred to as Van Drie and the CITY OF EL SEGUNDO, a municipal corporation, hereinafter sometimes referred to as CITY. WHEREAS, there is now pending in the Superior Court of the County of Los Angeles a, certain action bearing No. 988 507 entitled GERHARDT VAN DRIE v CITY OF EL SEGUNDO, et al.; and WHEREAS, the parties desire to settle their differences; and WHEREAS, Arthur E. Jones, the City Manager of the City of E1 Segundo, has stated and now affirms that Van Drie is and was a competent City Engineer, Public Works Director and Civil Engineer; and WHEREAS, Stephen Warren Solomon, one of Van Drie's attorneys most familiar with the matter, has stated and now affirms that he has carefully reviewed all of the documents and evidence X 2951 disclosed to him by Van Drie and has carefully investigated all other sources of information and is satisfied that there have been no financial irregularities on the part of any member of the City Council, the City Manager or any other City official; NOW, THEREFORE, the parties hereto agree as f ollows : 1. City by this instrument sets aside Van Drie's dis- charge effective January 29, 1970. Van Drie by this instrument submits his resignation from his employment with the City of E1 Segundo and specifically from the position of Director of Public Works and City Engineer effective January 29, 1970, and City by this instrument accepts said resignation effective January 29, 1970. 2. Van Drie hereby instructs his attorneys, Kurlander, Solomon and Hart, to dismiss with prejudice that certain action entitled GERHARDT VAN DRIE v CITY OF EL SEGUNDO, et al., bearing No. 988 507. 3. City agrees within ten (10) days after Entry of Dis- missal with Prejudice of the action referred to in Paragraph 2 hereof, to pay Van Drie the sum of FIVE THOUSAND DOLLARS ($5, 000. 00). 4. Van Drie by this instrument and in consideration of City's promise in Paragraph 3 hereof does hereby for himself, his heirs, executors, administrators and assigns fully release the City of E1 Segundo, a municipal corporation, and its officers, employees, agents and servants, and all other persons and associations from all claims and causes of action which he may sustain or may have sustained as a result of his employment with the City of E1 Segundo or the termination of that employment and does further release for himself and his heirs, administrators, executors and assigns the City of El Segundo and its officers, employees, agents and servants, and all other persons and associations from any claim sued upon, referred to or related in any manner to the claim asserted in that certain action en- titled GERHARDT VAN DRIE v CITY OF EL SEGUNDO, et al., bearing No. 988 507. Van Drie by this instrument and in consideration of City's promise contained in Paragraph 3 hereof does further release and surrender any and all rights he may have to re- employment or re- instatement or to any compensation after January 29, 1970. 5. It is mutually understood and agreed that this in- strument is a compromise of a disputed claim and does not constitute an admission of liability on the part of any party. 6. It is further understood and agreed that this in- strument shall become effective only when it has been executed by the parties hereto and approved by Stephen Warren Solomon, Mark C. Allen, Jr., and Arthur E. Jones." and; BE IT FURTHER RESOLVED, that the Mayor of the City of E1 Segundo be and he is hereby authorized to execute said Agree- ment for and on behalf of said City and the City Clerk to attest the same. -2- X 2952 On roll call, said motion carried and said resolution was adopted by the following vote: Ayes: Councilmen Balmer, Frederick, McGill, Nagel and Mayor Stephens; Noes: Councilmen None; Absent: Councilmen None. No further business appearing to come before the Council at this meeting, it was moved by Councilman Balmer, seconded by Councilman Frederick that the meeting adjourn, the hour of adjournment being 6:50 o' clock p. m. Motion carried. Respectfully submitted, al. �:i APPRO D: JaneD. Hough, City101erk ayor -3-