HomeMy WebLinkAboutMINUTES - 08091994 - 1.2 f 1
TO: BOARD OF SUPERVISORS ` t�
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: August 9, 1994
SUBJECT: Approve Settlement Agreement With Scott Ehlert
Project No. 0672-6U2703
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APROVE and AUTHORIZE the Public Works Director to execute a settlement agreement with
Scott Ehlert to settle legal action regarding the removal of a fence encroaching into the County
road right of way.
II. Financial Impact:
The settlement agreement provides for the payment of $1,000 to the County by Scott Ehlert,
which will be used to defray the cost of this action.
III. Reasons for Recommendations and Background:
On December 7, 1993, the Board authorized County Counsel to institute legal action against
Scott and Lisa Ehlert to compel the removal of a fence encroaching into the road right of way.
County Counsel then filed suit in the Superior Court of the State of California against the Ehlerts
to remove the fence and recover costs and collect penalties pursuant to Section 1484 of the
Streets and Highways Code of the State of California.
Prior to the March 4, 1994 hearing on this case, Scott Ehlert removed the fence from the road
right of way. A default judgment against Scott Ehlert in the amount of $2,365 was entered in
Superior Court, but the time in which to set aside the default or to appeal has not expired.
Continued on Attachment: X SIGNATURE:
.A!!
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE _ OTHER
SIGNATURE(S):
ACTION OF BOARD ON AUG CV z APPROVED AS RECOMMENDED OTHER _
VOT OF SUPERVISORS
I� UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN: I==hat that this is a true and�rrectcopyof
an action taken and entered on the minutes of the
SM:pc Board of Su is rs n,the shown.
P ATTESTED:
c:B09.t8 PHILBATCHEI R,Clerk of the Board .�
of Supervisors and County Administrator
Contact: Stan Matsumoto
Orig. Div: Public Works (Maint.) ,Deputy
i
Settlement Agreement With Scott Ehlert 2
Page 2 '
August 9, 1994
Since the fence is now removed, it is recommended that a compromise settlement of $1,000
from Scott Ehlert be accepted to settle this action in accordance with the terms stated in the
agreement. Accepting the settlement agreement will prevent further litigation or appeal.
IV. Consequences of Negative Action:
If the settlement agreement is rejected, the costs of further litigation or appeal will likely exceed
the cost difference between the default judgement and the compromised amount, and such
costs will not be recoverable.
cc: County Admin.
County Counsel
P.W. Director
P.W. Accting.