Loading...
HomeMy WebLinkAbout1994-10-04; City Council; 12893; APPROVAL OF LITIGATION COST-SHARING AGREEMENT* ? a tEJ" 3 0 E ki, 2 z 0 a 6 : 2 3 0 0 eY OF CARLSBAP - AG@DA BILL 3/' c C C 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 I. L 1 2 3 4 5 6 7 .8 9 10 11 12 13 YUCI $045 14 ' i3 z 9 15 $82,- 16 czz 17 a85 18 19 20 21 22 23 24 25 26 27 28 00, Yr ram EiB mQU2 5:a $23 p32 - 0 0 0 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 $4,335 in favor of the Finan of the City of Oceanside as its appropriate share 0: year's estimated litigation expenses and that all such < 1 2 3 4 5 6 7 a 9 10 11 12 am 13 mu$ 111 ram iU0 14 %Os< 15 OUOS a&%< zwm* $$$, 16 05s 0 5;g UC'g JZ 5Sr? 17 Fry: u 18 19 20 21 22 23 24 25 26 27 28 0 0 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. - 2 e 0 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 3 0 a 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 4 e a 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. 5 0 0 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) 6 0 0 ticjntiabcacsbml . M=--ardAmop*~ 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) * 7 0 e 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) 8; e 0 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 * 9