Loading...
HomeMy WebLinkAbout1994-01-25; City Council; 12561; SettlementIf' f-TY OF CARLSBAD - AGI--'DA BILL 4' I DEPT. HD. SETTLEMENT OF LAWSUIT ENTITLED 3ECOMMENDED ACTION: Adopt Resolution No. (?4-31 the Mayor to execute the settlement agreement. settling this lawsuit and authorizing ITEM EXPLANATION The City of Carlsbad filed a lawsuit against the county of San Diego for the imposition of a 50% penalty surcharge on half of its trash flow which was not committed to the county system. The cities of Oceanside, Escondido and Chula Vista joined in this litigation. The litigation has now been settled and the county has now agreed to refund any monies collected while the 50% penalty surcharge was in effect and that there will be no further surcharge collection. FISCAL IMPACT Withdrawal by the county of its 50% penalty surcharge will avoid charges of approximately $410,000. EXHIBITS Resolution No. 9 4- 3/ Settlement and Release Agreement 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -.- RESOLUTION NO. 94-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE SETTLEMENT OF THE LAWSUIT ENTITLED CARLSBAD V. COUNTY OF SAN DIEGO, CASE NO. 667609 WHEREAS, on recommendation of the City Attorney the City Council of the City of Carlsbad, California has determined that a settlement in the case entitled carls bad v. Countv of Saq pieao is in the public interest; and WHEREAS, withdrawal by the county of its 50% penalty surcharge will avoid charges of approximately $410,000, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council approves the settlement and authorizes the Mayor to execute the Settlement and Release Agreement which is hereby approved. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25th day of JANUARY , 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ATTEST: h / ALET~~? RAUTENKRANZ, City Clepk .. . .._L_ . ,.._ _____: .. * ...._, ... :.._ .. ._.... :-:. .-.*-.,.- ..... ,- A SETTLEMENT AND RELEASE AGREEMENT BETWEEN THE CITIES OF CHULA VISTA, ESCONDIDO, OCEANSIDE, CARLSBAD, AND THE COUNTY OF SAN DIEGO, SETTLING CASE NUMBERS 667609 AND 670288 WHEREAS, the cities of CHULA VISTA and ESCONDIDO filed that certain action against the COUNTY OF SAN DIEGO, and the BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, entitled City of Chula Vista, et al. v. Countv of San Dieso, et al., San Diego Superior Court Case No. 667609; and WHEREAS, the cities of Oceanside and Carlsbad filed a similar action against the County entitled City of Oceanside, et & v. Countv of San Dieso. et al., San Diego Superior Court Case No. 670288; and WHEREAS, the parties have reached an agreement that will settle both actions: NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: 1. Cities of Oceanside and Escondido to Join Interim Waste Commission and to Sisn Interim Waste Asreement. Contingent upon the performance of the other obligations of this settlement agreement by the other parties hereto, the Cities of Oceanside and Escondido shall sign the Interim Waste Agreement, with the amendments called for by this settlement agreement, and shall join the Interim Waste Commission, each city designating a representative and an alternate to sit on the Commission. Notwithstanding the foregoing, the pledge of solid waste from the Cities of Escondido and Oceanside to the County as called for by the Interim Waste Agreement shall be binding upon all of the following: (1) execution of this Settlement Agreement by all parties, (2) the signing of the Interim Waste Agreement by Escondido and Oceanside, respectively, and (3) upon receipt by each city of its share of the refund of surcharge fees and any interest thereon. The pledge of solid waste from the Cities of Escondido and Oceanside shall not be contingent on the agreement of jurisdictions other than the County to their joining the Interim Waste Commission. 2. Countv and Countv Board to Stop Collectins and to Refund All Economic Risk Surcharae Pavments Collected from Chula Vista, Carlsbad, Oceanside and Escondido. The County and the Board of Supervisors shall, forthwith, upon execution of this Settlement Agreement by all parties, stop collecting all economic risk surcharge fees. As soon as practicable after execution of this Settlement Agreement the County shall refund to the Cities of Chula Vista, Carlsbad, Escondido and Oceanside all economic risk surcharge fees, if any, collected from them together with any interest thereon that the County has earned. The refunds shall be promptly made together , with an accounting of the economic risk fees collected and DL/CHVESD3.327 -1- . . ._ refunded, and of any interest earned, as to each city. The County's obligation under this paragraph shall be limited to refunding the surcharges to the Cities. Any refund back to the individual payers who actually paid the fees at the gate to a landfill shall be the responsibility of the respective Cities. 3. No Admission. This Agreement is entered into in the spirit of cooperation between the parties and in a good faith effort to work together to solve regional solid waste issues. No admission of any type or kind shall be implied, nor does this Agreement (or performance of the obligations hereunder) constitute a waiver of any claim or defense to any claim which any party to this Agreement may have, except as explicitly set forth herein. 4. Entire Asreement. This is the entire agreement between the parties with respect to the subject matter hereof. supersedes any prior agreements or understandings, written or oral. This Agreement expressly 5. Governina Law. This Agreement shall be governed and interpreted by the laws of the State of California. 6. Mutual Release. The parties, each and collectively, mutually release the other parties from any liability for costs and attorneys fees incurred in the above-referenced litigation, and from any claim of malicious prosecution or other similar claim that could be made as a result of the filing and dismissal of the above litigation and/or cross-complaint. 7. Attornevs Fees. In the event that litigation is commenced to interpret or enforce the terms and provisions of this Agreement, the prevailing party or parties shall be entitled to recover their reasonable attorneys fees in addition to costs. 8. Dismissals of Lawsuits. Concurrent with the execution of this Settlement Agreement the Cities shall execute requests for dismissal of their lawsuits, and the County shall execute requests as necessary to dismiss its cross-complaint. The dismissals shall be with prejudice as to the economic risk surcharge at issue in said actions, provided that the Cities shall reserve the right to file a new action in the event that the County imposes new surcharges in the future. without prejudice. The requests for dismissal shall be held, in The dismissal of the cross-complaint shall be DL/CHVESD3.327 -2- trust, by counsel for the Cities and shall be filed when the terms of paragraphs 1 and 2 have been fully and successfully performed. 9. Bindina Effect. This Agreement shall be binding as between the County and all those cities who sign the Agreement. In the event that one or more cities fails or refuses to sign this Settlement Agreement, nevertheless, the Agreement shall be binding as and between those cities and the County who do sign the Agreement. In the event that one or more cities should fail or refuse to sign this Settlement Agreement, then the dismissal of the lawsuit called for by paragraph 8 above shall be entered as to those cities and the County who do execute this Agreement. 10. Counterparts. This Settlement Agreement may be signed in counterparts. COUNTY OF SAN DIEGO AND BOARD OF SUPERVISORS OF COUNTY OF SAN DIEGO by CITY OF CHULA VISTA by CITY OF ESCONDIDO by CITY OF OCEANSIDE by DATE : DATE : DATE : DATE : -3- CITY OF CARLSBAD . .._ _* ...___. \... , .._. .'.... ~ ....-I .. . DATE : Januarv 26. 1994 APPROVED AS TO FORM AND LEGALITY DATE : D. Dwight Worden, Counsel for Cities of Chula Vista, Escondido, Oceanside and Carlsbad DATE : Scott Peters, Deputy County Counsel, Counsel for County of San Diego and Board of Supervisors of the County of San Diego DL/CHVESD3.327 -4-