HomeMy WebLinkAbout1994-10-04; City Council; 12893; APPROVAL OF LITIGATION COST-SHARING AGREEMENT*
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APPROVAL OF LITIGATION COST-SHARING AB # /&&3 TITLE:
MTG. 10/4/94 AGREEMENT
DEPT.
RECOMMENDED ACTION:
CA
Adopt Resolution No. ?q * &!&y authorizing the Mayor t
the Litigation Cost-Sharing Agreement.
ITEM EXPLANATION
The ten non-member cities in San Diego County have joiI a lawsuit challenging the increase in solid waste tipp:
adopted by the Solid Waste Authority and ratified by tl
of San Diego effective October 1, 1994. This Agreemenl
share the costs of litigation by population as set for1
4 of the Agreement.
FISCAL IMPACT
Carlsbad's share of the first year's estimated legal e:
$4,335. significantly reduce each cities' litigation expense wf
separately file a lawsuit.
EXHIBIT
Approval of the Cost-Sharing Agreement will
1. Resolution No. qq-gy
2. Litigation Cost-Sharing Agreement (On file in City Clerk's Office
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RESOLUTION NO. 94-284
A RESOLUTION OF THE CITY COUNCIL OF THE CITE OF CARLSBAD, CALIFORNIA APPROVING THE LITIGATION COST-SHARING AGREEMENT
WHEREAS, the Solid Waste Authority with the c
of the County of San Diego has increased tipping fees to
cities effective October 1, 1994; and
WHEREAS, the difference in tipping fees bet1
and non-member cities is significant and not supported
equity; and
WHEREAS, the Solid Waste Authority and the Co?
Diego have not proceeded in a manner as required by law
said increase in fees to non-member cities; and
WHEREAS, non-member cities have determined co
those fees are unwarranted and illegal and have commen
commence litigation challenging that increase as violai
United States Constitution, California Constitution and
state law,
NOW, THEREFORE, BE IT RESOLVED by the City Cou
City of Carlsbad, California, as follows:
1.
2. That the Mayor is authorized to e
"Litigation Cost-Sharing Agreement By and Among Severa
San Diego County".
That the above recitations are true and
3. The Finance Director is authorized and
issue a check in the sum of $4,335 in favor of the Finan
of the City of Oceanside as its appropriate share 0:
year's estimated litigation expenses and that all such
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be appropriately expended and accounted for for the
litigation as set forth in said agreement and no other,
PASSED, APPROVED AND ADOPTED at a Regular Mee.
4th day ( City Council of the City of Carlsbad on the
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Kygaa
NOES: None
ABSENT: None
ATTEST:
hi!%L ALETHA L.-RAUTENKRANZ, City Clkrk
(SEAL)
0 e
LITIGATION COST-SHARING AGREEMENT BY AND AMONG SEVERAL CITI OF SAN DIEGO COUNTY
1. Partieg. This Litigation Cost-Sharing Agreement, !
September 19, 1994 is entered into by and among the foll
public agencies:
City of Carlsbad City of Coronado
City of Chula Vista City of El Cajon City Of Escondido
2. Recitals. Each party to this Agreement is a mun
corporation duly authorized and existing under the laws (
State of California, and situated wholly or partially with
boundaries of the County of San Diego, Each party has the PC
sue and be sued in its own name,
City of Imperial Beach City of La Mesa
City of Oceanside City of San Marco's
City af Santee
A dispute has arisen between the Parties and the
of San Diego ("County") and the County Solid Waste Authorit.
regarding fees imposed by the County and SWA for US= of
solid waste landfills and the damages claimed against entit
utilizing the landfills. The Panties believe that County
have improperly imposed such fees and that no obligation is
entities not utilizing the landfills. The Parties, thc
desire to pursue their common goal by filing suit agaj
County of San Diego,
3. pura os^. The purpose of this Agreement is to pro
the efficient resolution of the Pgrties' common legal
Although each Party has the right to bring sirailar 11
separately in its own name, the resulting litigation by
Parties would be duplicative and, in some cases, proh.
0 .. costly, Through this Agreement, the Parties desire to SE
the terms and conditions under which one action or se
actions may be maintained on behalf of all Parties; to pro'
the management and direction of such litigation: t0 provide
allocation of litigation expenses; and to set forth varioi
matters relating to the prosecution of the Parties' claims
the County and SWA. ..
4. Bo Separate Aaencv Cre ate$ . The Parties do not i
create a separate public agency through this Agreement,
provision of this Agreement should be so construed.
5. Authoriza tion to F ile Suit. By execution
Agreement, each party authorizes and directs that such lega
as appropriate be diligently pursued, in the names of the
against the County (its Board of Supervisors), SWA, ii
administrative officers as may be appropriate, for the
purpose of insuring the proper administration of solll
disposal in the County.
6. istration of Aureement. The administratis
activities called for in this Agreement is delegated to ar
in an Administrative Committee. The Administrative Commit1
be comprise& of: the City Managers of each of the Party
There shalr additionally be an Executive Committee comprist
City Managers of ESCOndidO, Oceanside, San Marcos, San
Chula Vista. -
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Each member of the Administrative Committee shall be, a
times, an officer or employee of a Party to this Agreement.
Administrative Committee shall select a chairperson and shall
all parties informed of the composition of the committee.
The Administrative Committee is authorized and directe
behalf of all Parties, to perform all acts necessary or des:
to execute and administer this Agreement including, but not 1.
to: selecting and retaining legal counsel (the Executive Cow
shall provide day-to-day management and direction Q!
litigation,) including the right to determine all matte
tactics and strategy on which legal counsel requests dire
authorizing, evaluating and monitoring legal expenses
conducting settlement negotiations, if any, provided th
proposed settlement agreement shall require the unanimous 4
of all agencies then Party to the Agreement.
7. Account ina Ser vices . The Finance Director of the
Oceanside shall provide accounting services for all payme
receipts required by the terms of this Agreement, and s'
responsible for the safekeeping of all funds paid by or
Parties to this Agreement. The City of Oceanside shall be
a time an& material basis for the accounting services
Finance Director and Department. The City of Oceanside 8
be required to have the accounting audited.
8. Obliaations of the Parti-. Each Party to this P
r. shall:
a. Pay, upon demand, its rappropriate share
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expenses incurred in the performance of activities called fa
this Agreement. The "appropriate share" of each Party shal
calculated as follows:
One Hundred percent (100%) of all expenses sha
apportioned among all of the f ollowiny Parties proportionatel
equitably by population or as may be agreed upon by majority
of the Administrative Committee,
In the event of termination by any Party to
Agreement, the Finance Director shall recalculate the appro1
share of each Party to the Agreement based upon the proport:
obligations of the remaining Parties.
b. Upon execution of this Agreement, pay to the F
Director serving on the Administrative Committee the toti
listed after the name of each Party, which sum represent:
Party's appropriate share of the first year's estimated
expenses :
city Each City Total Doll Population of Percentage Tot2
City of Carlsbad 67 , 923 8.67 !
19.06 City of Chula Vista City of Coronado 26,312 3.36
City of Escondido 116,938 14 . 92
149 , 347
City of El Cajon 92 , 262 11.77
City of Imperial Beach 28,002 3.57
City of La Mesa 56,569 7.22
City of Oceanside 145,404 18 . 55
City of Santee 54 , 994 7.02
City of San Marc08 45,991 5.07
GRADID TOTAL 7m.na 100.00l
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C. Pay, upon demand, its appropriate shart
litigation expenses which exceed the first year's esti
expenses set forth under subparagraph b, above, or whicl
required for services incurred,
All bills and invoices for expenses inc
pursuant to this Agreement shall be approved by the Exec
Committee and Finance Director of City of Oceanside who
calculate the amount owed by each Party under the formula set
in subsection a, above, and bill each Party accordingly.
shall be prepared for each calendar quarter in which ac
occurs and shall be payable immediately upon demand to the E
Director of City of Oceanside.
Any funds remaining upon termination 0:
Agreement shall be returned to the Parties in proportion 1
Party's contribution to the total,
9. Termination of Aureement e This Agreement shall te
as to any Party upon occurrence of any of the following cond
a. Fifteen (15) days' prior written not
termination by any Party given to the then chairperson
Administrative Committee; provided, however, that the tern
Party shalZ be liable for its appropriate share of any
incurred up to the date notice of termination is receive
exceed the terminating Party's contribution under paragr
and provided further, that in no event shall a terminating
entitled to a refund of all or any Gart of its contribut
under paragraph 7.b.
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b. Automatically, upon the failure of any Party t
its appropriate share of litigation expenses within sixty (60)
of date of invoice.
c. Any terminating party hereby waives any conf 1:
interest with respect to the continued representation o
remaining Parties by any Attorney who was at any time called
representing the signatories to this Agreement.
10. Amendment. This Agreement may be amended at an:
upon the written approval of all parties to the Agreement.
11. poticeg. Except where this Agreement specif
provides otherwise, any notices to be sent to any Party sh
directed to the office of the City Manager of the Party
copies to the City Managers of all Parties.
12.
counterparts.
Executed on the date hereinabove written, in California, b
Coun temartg . This Agreement may be executed in mi
@&d, m+
I Date(
AS TO FORH: wpRn-a By: 61. I%-
city AttorneY,o ~ r- 7 y
(Signatures Continue c on Next Page)
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Citia dSa Diego-(- -
CITY OF CORONADO
By: Mayor Date
APPROVED AS TO FORM:
By :
CITY OF CHUJA VISTq
City Attorney
BY : Mayor Date
APPROVED AS TO FORM:
By: City Attorney -
By: Mayor Date
APPROVED AS TO FORM: i
By: City Attorney
(Signatures Continue on Next Page)
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l.&geiacoa-sbq .4-bY-j-- ci d sm DiqO carny (aigM8uu calhud)
CITY OF ESCONDIDO
By: Mayor Date
APPROVED AS TO FORM:
By: City Attorney
1
By: Mayor Date
APPROVED AS TO FORM:
By : City Attorney -
By t I Date Mayor
APPROVED ASTO FORH:
By: City Attorney
(Signatures Continue On Next Page)
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Lili@alch&Sbwq .4=--bd-Sevd ci dsm Dk#o-(-SOPIPYCd)
CITY OF OCEANSIDE
By: Mayor Date
APPROVED AS TO FORM:
By:
CITY OF SAN MARCOS
City Attorney
By: Mayor Date
APPROVED AS TO FORM:
By: City Attorney -
By: I
APPROVED AS TO FORM:
Mayor Date
By: City Attorney
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