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Home My WebLink About1991-05-07; City Council; 11138; BOOKING FEE LITIGATION - JPASLi UO ou u U-d a,;< L. m ha, Q)uu “rl 6 8 u ‘C &sa c)& 0 Uk &Ma O,a (doa uu 0 h-rl -rl - a00 hLi c fi c *d Muu 05a UaM u -rl 4au c -4 U ha4 -rl .- a, u as a,u suc a, .rl u .rl -4 00 c) UMa, E% EIY -4 0 0 0-c U .rl (d ou MU c) ala, 4-4 a, a4 am0 mu &a, Wc)h .rl 0 u 3” aa, -a hmo m *rl Li 4a 4 .rl a, as IU Cl@ OF CARLSBAD - AGENm BILL 1’ AB# 11,138 RECOMMENDED ACTION: CITY n DEPT. CA CITY P BOOKING FEE LITIGATION - JPA DEPT. TITLE: MTG, 5/7/91 That the City Council adopt Resolution No. 71-1 3 3 approvi booking fee litigation JPA. ITEM EXPLANATION The City Council, at your meeting of March 26, 1991, auth litigation against the County of San Diego over the SB 2557 b fees. The City of San Diego will not be joining the litigat the city attorneys have determined it is necessary to reta firm of Meyers, Nave, Riback and West to handle the litis The appropriate legal vehicle for bringing all the cities tc is a joint powers agreement. A copy of the agreement showir cities estimated booking fees and its proportionate share Council adopt Resolution No. 9 I ‘I 3 7 approving the agreen Action is ongoing in the legislature that may repeal SB 25E the litigation can be delayed without raising any stat1 limitation problems, it is the attorneys intention to del filing until the situation in Sacramento is settled. FISCAL IMPACT The funds necessary to pay Carlsbad’s share have alread appropriated. litigation expenses is attached. It is recommended that tlr: mu ea .rl - 0 ow uh Sha, d(dM om6 mma, O, a4 d 04 old a GC Llm Q)L) aot ot a -0 0 (d ua 63 -I srl .rl E 0 0aFI 6 a, -rl 5M 0 bo0 v (du 4 1 a 1 b m z 0 F 0 .. a $ z 3 0 0 EXHIBIT Resolution No. %-I37 i 1 (2 3 4 5 6 7 9 9 10 11 e a 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, Califc does hereby resolve as follows: 1. That certain joint powers agreement (a copy of is attached hereto marked Exhibit I1AI1 and made a part here, and among several cities of the County of San Diego is J approved. 2. That the Mayor of the Cit of Carlsbad is 1 12 nm authorized and directed to execute said agreement for an on cum gang of the City of Carlsbad. OU c!l aw$j 0045 14 ma’0 QLL 15 gwwv gE26 16 17 18 19 swz y2 13 gcG PASSED, APPROVED AND ADOPTED at a Regular Meeting u a a-l >-ma City Council of the City of Carlsbad on the 7th day of - $p$ 1991, by the following vote, to wit: a”-r >2% Lv AYES: Council Members Lewis, Kulchin, Larson, Nygaard a Stanton NOES: None ABSENT : None 20 21 22 23 ATTEST: 24 ll 25 26 ALETHA L, RAUT~NKRANZ, City Nerk t 27 11 28 I e 0 Lnh'tbit A 8 JOINT POWERS AGREEMENT BY AND AMONG SEVERAL CITIES OF THE COUNTY OF SAN DIEGO 1. Parties. This Joint Powers Agreement, dated May - 1991, for the purpose of reference only, is entered into pursl to Government Code section 6502 by and among the following pul agencies : city of Carlsbad city of Coronado City of Chula Vista City of Del Mar City of El Cajon city of Encinitas city of Escondido City of Imperial Beach City of La Mesa City of National City City of Oceanside City of Poway City of San Marcos city of Solana Beach City of Vista 2. Recitals. Each party to this Agreenent is a rnunici' corporation duly authorized and existing under the laws of th State of California, and situated wholly or partially within boundaries of the County of San Diego. Each party has the PO' to sue and be sued in its own name. A dispute'has arisen between the Parties and the Cc' of San Diego regarding booking fees imposed by the County of Diego. The Parties believe that San Diego County has imprope imposed booking fees. The Parties, therefore, desire to purs their cornon goal by filing suit against the County of San Dim 3. PurBose. The purpose of this Agreement is to provi for the efficient resolution of the Parties' common legal cla Although each Party has the right to bring similar litigation separately in its own name, the resulting litigation by all t Parties would be duplicative and, in some cases, prohibitive1 costly. Through this Agreement the Parties desire to set for the terms and conditions under which one action may be mainta on behalf of all Parties; to provide for the management and direction of such litigatim; to provide for the allocation o litigation expenses; and to set forth various other matters relating to the prosecution of the Parties' claims against th County of San Diego. ' April 24, 1991 atty\ahr\ba6king\lp.chS Page I of 10 0 e , 4. Po Sagarate Acrencv Created. The Parties do not intc to create a separate public agency through this Agreement, anc provision of this Agreement should be so constructed. 5. Authorization 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 genera purpose of insuring the proper imposition of booking fees by ' County of San Diego as those fees affect the respective Parti 6. Administration of AareerneG. The administration of activities called for in this Agreement is delegated to and vested in an Administrative Committee, The Administrative Committee shall be comprised of: 'TneC" A'l'?BAldq\ OF 7l-q )%jAr/p(j - "b" Each member of the Administrative Committee shall b 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 Agre%meAt, a new member shall be prmptly select'ed in the Sam manner as the original member. The Administrative Committee shall select a chairperson and shall keep all Parties informe the composition of the committee. The Administrative Committee is authorized and directed, on behalf of all Parties, to perform all acts neces or desirable to execute and administer this Agreement includi but not limited to: selecting and retaining legal counsel; providing day-to-day management and direction of the litigati including the right to determine all matters of tactics and strakegy en which legal caungel requests direction: autharizi evaluating and monitoring legal expenses; and conducting settlement negotiations, if any, provided that any proposed settlement agreement shall require the unanimous consent of a agencies then Party to the Agreement. 7. Accounting Services. The Finance Director of the C of )Ar(DNAk c.f shall provide accounting services for all paybnts and rec ts required by the terms of this Agreement and 'shall be responsible for the safekeeping of all funds pai or to the Parties to this Agreement. Page 2 of 10 April 24, W91 stty\ehs\boaking\jpa.rhr 0 e , 8. Obliaations of the Partieg. Each Party to this Agreement shall: a. Pay, upon demand, its "appropriate share" of a expenses incurred in the performance of activities called for this Agreement. The "appropriate share" of each Party shall bE One Hundred percent (100%) of all expenses sh2 be apportioned among all of the following Parties with each s Party bearing the same percentage of those expenses which thz all parties to the Agreement for 1990. For the purpose of apportioning expenses incurred under this Agreement, the Part agree that..the following table accurately reflects the Partir this Agreement, the estimated booking fee of each Party for I 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: calculated as follows: - Party's eatimatod booking fee fox 1990 bears to the bookings Citv City of Carlsbad City of Coronado city of Chula Vista City of Del Mar City of El Cajon City of Encinitas City of Imperial Beach city of La Mesa City of National City City of Oceanside . city of Poway City of San Marcos City of Solana Beach City of Vista city of EbtCondidO Estimated Booking Fees Percal 1990 QfLw $ 231,154 63,446 33,110 388,234 548,394 322,322 562,254 113,498 154 I924 422 I 268 1,077,384 147,070 168,014 68,530 419.188 4.: 1.: 8.: 0.' 11. ( 6, I ll.! 2 .' 3 .: 8 .I 22. 3. 3. 1. 8, Totals S 4,717,790 100. In the event of termination by any Party to t Agreement, the Finance Director shall recalculate the approp share of each Party to the Agreement based upon the figures forth above and shall notify each Party of the results of th recalculation. Page 3 of 10 April 24, tW1 otty\tho\boolring\jpo.eha . ~~ e w b. Upon execution of 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 of the first year's estimated legal expenses: (x-& Total City of Carlsbad City of Coronado City of Chula Vista City of Del Mar City of El Cajon City of Encinitas City of Eacondido City of Imperial Beach City of La Mesa City of National City City of Oceanside city of Poway City of San Marcos City of Solana Beach city of Vista $ 2,450 650 4,115 350 5,810 3,415 5,960 1,205 1,640 11,420 1,560 1,780 725 4,445 4,475 GRAND 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 accordingly Bills shall be prepared for each calendar quarter in which activity occurs and shall be payable immediately upon demand the City employing the finance director serving on the Administrative Committee. Any funds remaining upon termination of this Agreement shall be returned to the Parties in proportion to e Party's contribution to the total. 9. Escrow of Fees. Each Party to this Agreement agree pay the amount of booking fees in dispute into a separate tru or escrow account or similar fund or account during the pende of litigation on condition that the monies so paid will be Page 4 of 10 Apri 1 26, 1991 atty\chs\booking\jps.ehr ~ * 0 disbursed to the County or returned to the Parties, as the ca may be, upon final judgment or settlement, 10. -ation of Aweement. his Agreement shall terminate as to any Party upon occurrence of any of the folk conditions: 10. -ation of Aweement. his Agreement shall terminate as to any Party upon occurrence of any of the folk conditions: a. Fifteen (15) days' prior written notice of termination by any Party given to the then chairperson of the Administrative Committee; provided, however, that the tenaina Party shall be liable for its appropriate share of any expens incurred up to the date notice of termination is received whi exceed the terminating Party's contribution under paragraph i and provided further, that in no event shall a terminating Fz be entitled to a refund of all or any part of its contributic made under paragraph 7.b. b. Automatically, upon the failure of any Party t pay its appropriate share of litigation expenses within sixtl (60) days of date of invoice. 11. Bplenament. This Agreement may be amended at any ti upon the written approval of all parties to the Agreement. 12. Notices- Except where this Agreement specifically provides otherwise, any notices to be sent to any Party shall directed to the office of the city manager of the Party, wit1 copies to the city managers of all Parties. 13. Countemarts. This Agreement may be executed in multiple counterparts. Executed on the date hereinabove written, in California, by: - By: Y d Mayol: Date APPROVED AS TO FORM: By: City Attorney (Signatures continued on next page,) Pacp 5 of 13 April 24, twl atty\ehs\booking\lp.cha i e 0 CITY OF COR- By : Mayor Date APPROVED AS TO FORM: By : City Attorney CITY OF CHILA VISTA By : Mayor APPROVED AS TO FORM: Date By : City Attorney CITY OF DEL W By : Mayor APPROVED AS TO FORM: By : city Attorney bate (Signatures continued on next page.) Page 6 of 10 AD?(( 24, 1491 atty\shs\booking\jp..ehs 0 0 CITY OF ELCAJON By : Mayor Date APPROVED AS TO FORM: By: City Attorney CITY OF ENCXNITAS By: Mayor APPROVED AS TO FORM: Date By : City Attorney CITY OF ISCONDIDO By : ‘ Mayor APPROVED AS TO FORM: Date By : City Attorney (Signatures continued on next page.) Page 7 of 10 Apri I 24, 1991 atty\eha\booking\jpr.chr “ -. -. ” “AA - 1 ~~ e e By : Mayor APPROVED AS TO FORM: By : City Attorney CITY OF LA MESA By : Mayor Date Date APPROVED AS TO FORM: By: City Attorney CITY OF NATIONAL CITY By : Hayor D&t8 APPROVED AS TO FORM: By : City Attorney (Signatures continued on next page.) April 24, 1991 atty\ehs\boaking\Jp-fh Fags 8 of 10 0 - 0 By : Mayor APPROVED AS TO FORK: Date By: City Attorney CITY OF POW BY : Mayor Date APPROVED AS TO FORM: By: City Attorney CITYQFCOS By: Mayor APPROVED AS TO FORM: Date By: City Attorney (Signatures continued on next page.) Pzge 9 of 10 - April 26, 1991 atty\dhs\boeking\jpa.rhs 1 0 e 1. , Y OF SOMA BEACH By : Mayor APPROVED AS TO FORM: By : City Attorney Date CITY OF VISTA By : Mayor Date APPROVED AS TO FORM: By: City Attorney hprf\ 24, 1391 etty\ehr\kokirw\jpo.ehs Page 10 of 10 - - - _" " " " -