HomeMy WebLinkAbout1991-05-07; City Council; Resolution 91-137..
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RESOLUTION NO. 91-137
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING A
JOINT POWERS AGREEMENT AMONG CITIES OF THE
COUNTY OF SAN DIEGO LITIGATION REGARDING
BOOKING FEES AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT.
The City Council of the City of Carlsbad, Calif
does hereby resolve as follows:
1. That certain joint powers agreement (a copy of
is attached hereto marked Exhibit lrAlW and made a part herel
and among several cities of the County of San Diego is
approved.
2. That the Mayor of the Cit of Carlsbad is
authorized and directed to execute said agreement for an on
of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a Regular Meeting
City Council of the City of Carlsbad on the 7th day of -
1991, by the following vote, to wit:
AYES : Council Members Lewis, Kulchin, Larson, Nygaard ar
NOES: None
Stanton
ABSENT: None
ATTEST:
- ALETHA L. RAUTENKRANZ, City Qlerk
I @ crC1\'15;-t. A 0
JOINT POWERS AGREEMENT BY AND AMONG SEVEML
CITIES OF THE COUHTY OF SAN DIEGO
-1 1. Parties. This Joint Powers Agreement, dated May
1491, for the purpose of reference only, is entered into pursus!
to Government Code section 6502 by and among the following pub1
agencies :
city of Carlrjbad
City of Coronado City of National City
City of Chula Vista City of Oceanside
City of Del Mar
City of El Cajon
city af Encinitas City of Solana Beach
City of Escondido City of Vista City of Imperial Beach
2. Recital 3. Each party to this Agreepent is a municipz
corporation duly authorized and existing under the laws of the
State of California, and situated wholiy or partially within t?
baundaries of the County cf San Diego. Each party has the POWE
to sue and be sued in its own name.
A dispute has arisen between the Parties and the Cow
of San Diego regarding booking fees imposed by the County of SE
Piego. The Parties believe that San Diego County has improper1 imposed booking fees. The Parties, therefore, desire to pursue
their commQn goal by filing suit against the County of San Die5
3. PurDose. The purpose of this Agreement is to provide for the efficient resolution of the Parties' common legal clain
Although each Party has the right to bring similar litigation
separately in its own name, the resulting litigation by all the
Parties would be duplicative and, in some cases, prohibitively costly. Through this Agreement the Parties desire to set fort2
the terms and conditions under which one action may be maintair
on behalf of all Parties; tQ provide for the management and direction of such litigation; to provide for the allocation of
litigation expenses; and to set forth various other matters
relating to the prosecution of the Parties' claims against the
County of San Diego.
City of La Mesa
City of Poway
City of San Marcos
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4. go warate Aaencv Created. The Parties do not inter
to create a separate public agency through this Agreement, and provision of this Agreement should be so constructed.
5. puthorization to File Suit. By execution of this Agreement, each party authorizes and directs that a claim be filed, if appropriate, and thereafter suit be filed and diligently pursued, in the names of the Parties, against the County of San Diego, its Board of Supervisors and such administrative officers as may be appropriate, for the general
purpose of insuring the praper hpadtian of haeking fees by tl County of San Dieqo as those fees affect the reapective Partier
6. Administration of Aureeme~ . The administration of 1 activities called for in this Agreement is delegated to and vested in an Administrative Committee, The Administrative Committee shall be comprised of:
'SHeci 1-t A?>Ot%&Py\ OF 3u-f )3f\A)-leS
~~~~~~
Each member of the Administrative Committee shall be, at all times, an officer or employee of a Party to this Agree-
ment. If any member ceases to be an officer or employee of a
Party, or if the member's agency ceases to be a Party to this Agreement, a new member shall be promptly selected in the same manner as the original member. The Administrative Committee shall select a chairperson and shall keep all Parties infarmed the composition of the committee.
directed, on behalf of all Parties, to perform all acts necessi or desirable to execute and administer this Agreement includinc
but not limited to: selecting and retaining legal counsel;
providing day-to-day management and direction of the litigatioi including the right to determine all matters of tactics and strategy on which legal counsel requests direction; authorizint
evaluating and monitoring legal expenses; and conducting settlement negotiations, if any, provided that any proposed settlement agreement shall require the unanimous consent of al:
agencies then Party to the Agreement.
7. Accountinff Services. The Finance Director of the Ci4
of fi\ AT( DNAL c, shall provide accounting services for all payments and re ts required by the terms of this Agreement,
and shall be responsible fer the safskeeoing af all funds paid or to the Parties to this Agreement.
The Administrative Committee is authorized and
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8. obliaations of the Partieg. Each Party to this Agreement shall:
a. Pay, upon demand, its "appropriate share'l of a expenses incurred in the performance of activities called for this Agreement.
The "appreprfate share" of each Party shall bc calculated as follows:
One Hundred percent (100%) of all expenses sha
be apportioned among all of the following Parties with each s Party bearing the same percentage of those expenses which tha
all parties to ths Agreement for 1990. apportioning expenses incurred under this Agreement, the Part agree that the following table accurately reflects the Partic this Agreement, the estimated booking fee of each Party for 1 the total booking fee of all such Parties for 1990, and the percent of each such Party's estimated booking fee with respc to the estimated booking fees of all Parties:
- Partyls estimated booking fee fox 1990 bears to the bookings For the purpose of
Estimated Booking Fees Percer citv 2990 Ql2za
City of Carlsbad $ 231,154 4.9 City of Coronado 61,446 1.9
City of El Cajon 548,394 ll.€
City of Escondido 562 , 2% 11.5
City of La Mesa 154,924 3.2
city of National city 422,268 a.5
city of Ocsansi.de - 1 r 077 r 384 22.E
City of San Marcos 16aIoi4 3.5
City of Solana Beach 68,530 1.4
City Of Vista 419.188 8.1
Totals $ 4,717,790 100.E
City of Chula Vista 388 , 234 8.2 City of Del Mar 33,110 0.5
City of Encinitas 322 , 322 6. E
City of Imperial Beach 113,498 2 e4
city of Poway 147,070 3.1
In the event of termination by any Party to tk Agreement, the Finance Director shall recalculate the appropz share of each Party to the Agreement based upon the figures s forth above and shall notify each Party of the results of thi recalculation.
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b, Upan exeeuthn af this Agreement, pay to the
finance director serving on the Administrative Committee the total sum listed after the name of each Party, which sum
represents each Party's appropriate share uf the first year's
estimated legal expenses:
Citv Total
City of Carlsbad $ 2,450 City of Coronado 650 City of Chula Vista 4,115
City of Del Mar 350 City of El Cajon 5,810
City of Encinitas 3,415
City of Escondido 5,960 City of Imperial Beach 1,205 City of La Mesa 1,640
City of National City 4,475 City 09 beeanaide 13,420 City of Poway 1,560
City of San Marcos 1,780
City of Solana Beach 725 4,445 City of Vista
GWD TOTAL $ 50,000
c. Pay, upon demand, its appropriate share of litigation expenses which exceed the first year's estimated expenses set forth under subparagraph b, above, or which are
incurred after January 1, 1992,
All bills and invoices for expenses incurred
pursuant to this Agreement shall be directed to the finance
director serving on the Administrative Committee, who shall
calculate the amount owed by each Party under the formula set
forth in subsection a, above, and bill each Party accordinqly, Bills shall be prepared far each cahndap quarter in which activity occurs and shall be payable immediately upon demand t the city employing the finance director serving an the Administrative Committee.
Agreement shall be returned to the Parties in proportion to ea Party's contribution to the total.
9. Escrow of Fees. Each Party to this Agreement agrees pay the amount of booking fees in dispute into a separate trus or escrow account or similar fund or account during the penden of litigation on condition that the monies so paid will be
Any funds remaining upon termination of this
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disbursed to the County or returned to the Parties, as the cas may be, upon final judgment or settlement,
10. b reement, This Agreement shall terminate as to any Party upon occurrence of any of the follow conditions:
termination by any Party given to the then chairperson of the Administrative Committee; provided, however, that the terminat Party shall be liable for its appropriate share of any expense incurred up to the date notice of termination is received whfc
exceed the terminating Party‘s contribution under paragraph 7.
and provided further, that in no event shall a terminating Par
be entitled to a refund of all or any part of its cuntributfon
made under paragraph 7.b.
b. Automatically, upon the failure of any Party tc pay its appropriate share of litigation expenses within sixty
(60) days of date of invoice.
upon the written approval of all parties to the Agreement.
provides otherwise, any notices to be sent to any Party shall directed to the office cf the city manager of the Party, with copies to the city managers of all Parties.
multiple counterparts,
Executed on the date hereinabove written, in California, by:
a. Fifteen (25) days’ prior written notice of
11. &I endment.
12. Notices- Except where this Agreement specifically
This Agreement may be amended at any tim
13. Counterr, arts. This Agreement may be executed in -
By: ”- - Mayor Date
APPROVED AS TO FORM:
By:
City Attorney
(Signatures continued on next page,)
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CITY OF C-
By:
Mayor Date
APPROVED AS TO FORM:
By:
City Attorney
CITY OF CHULA Vm
By:
Mayor Date
APPROVED AS TO FORM:
By: City Attorney
CITY OF DEL MBB
By: Mayor Date
APPROVED AS TU FORM:
By: City Attorney
(signatures continued on next page.)
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April 26, 1W1
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c CITY OF EuazQN
By: Date Mayor
APPROVED AS TO FORM:
By: City Attorney
CITY OF ENCINITAS
By: Date Mayor
APPROVED AS TO FORM:
BY : City Attorney
CITY OF FISCONDIM
By:
' Mayor Date
APPROVED AS TO FORM:
By: City Attorney
(Signatures continued on next page.)
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April 24, 1991
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CITY OF IMPERIAL RE=
By: Mayor Date
APPROVED AS TO FORM:
By: City Attorney
CITY OF LA MESS
By :
Mayor Data
APPROVED AS TO FORM:
By: City Attorney
CITY OF NA TIONAL CI TY
By: Mayor Date
APPROVED AS TO FORM:
By :
I City Attorney
(Signatures continued on next page,)
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By : Date Mayor
APPROVED AS TO FORM:
By: City Attorney
CITY OF..=
BY : Mayor Date
APPROVED AS TO FORM:
By:
City Attorney
CITY OF -
By: Mayor Date
APPROVED AS TO FORM:
By: City Attorney
(Signatures continued on next page.)
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April 26, 1991
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CITY OF SOLANA BEACH
By: Mayor Date
APPROVED AS Td FOm:
By :
City Attorney
CITY OF VISTA
By: Mayor Date
APPROVED AS TO FORM:
By : City Attorney
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