HomeMy WebLinkAbout2003-04-22; City Council; 17141; Reporting out: Hatcher, Et Al v. City of CarlsbadCITY OF CARLSBAD - AGENDA BILL ci3
AB# 17,141 DEPT. HD. TITLE:
CITY ATTY. @? SETTLEMENT AS REQUIRED BY THE BROWN ACT IN MTG. 4-22-03
REPORTING OUT THE TERMS AND CONDITIONS OF THE
CITY MGR. GIC 782067 DEPT. CA
HATCHER, ET AL V. CITY OF CARLSBAD. ET AL CASE NO.
RECOMMENDED ACTION:
There is no action the Council needs to take.
ITEM EXPLANATION:
At its closed session meeting of December 3, 2002, the City Council discussed and approved
a proposed settlement of the above referenced case subject to approval by all parties. The
action was mediated by Judge Arthur Jones (ret.) on December 18, 2002. This item satisfies
the Brown Act requirement to report the fact of a settlement of litigation approved in a prior
closed session, and makes the terms and conditions of the settlement available to the public.
The Settlement Agreement and General Release (attached) is provided for public review.
FISCAL IMPACT:
There is no cost of settlement to the City of Carlsbad.
EXHIBITS:
Settlement Agreement and General Release
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28-Mar-ZOO3 01:48pm From-FOX 6 SOHAGl 3104447813 T-726 P.002/015 F-297
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FOX & SOHAGL, LLP WGARET MOORE SOHAGI, Stale Bar No. JOCELYN A. JULLAN, Stau Bar No. 173225 DUANE E. BENNETT, State Bar No. 110202 ANITA WILLIS, Stare Bar No. 162671 10960 Wilshire.Boulevard, Suite 1270 60s Angeles, California 90024-3702 Tele hone No. (3 10) 444-7805 Fax K 0. (310) 444-7813
Anorneys for Res andenrr/Defendants CITY OF OC d SlDE;OCEANSIDE CITY COUNCIL, CITY OF VISTA, VISTA CITY COUNCIL, CITY OF CARLSBAD, and CA'RLSBAD CITY COUNCIL
126336
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO FILED BY FAX
DORIS HATCHEE MICHAEL MARTZN; & BEVERLY OWEN, on behalf of themselves and all those persons in need of emergency shelrer and food this winter in Northern San Diego ) County, 1
) Peririoners and Plaiitiffs, )
) vs .
CZTY OF OCEANSIDE; OCEANSIDE ) CITY COUNCIL; CITY OF SAN MARCOS; SAN MARCOS CITY COUNCIL; CITY OF VISTA; VISTA CITY COLfNCIL; CITY OF - ENCMTTAS; ENCfNITAS CITY COUNCIL; CITY OF CARLSBAD; %RLSBAD CITY COUNCIL; C'OUNTY OF SAN DIEGO; SAN DIEGO COUNTY BOARD OF SUPERVISORS; and DOES 1 - 60, nclusive,
Rerpondenrs and Defendants. )
Case No. GIC 782067 Filed: January 25,2002 J
NOTICE OF SETTLEMENT AND FILING OF SETTLEMENT AGREEMENT; EXHIBIT A
Jude for all Pumoses: Hon. Ronald S. Prager Depr. 69
hOTICE OF SETTLEMENT AND FILING OF SETTLEMENT AGREEMENT; EXHIBIT A
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TO THE COURT AND ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS
OF RECORD:
PLEASE TAKE NOTICE that the parties have reached a full and complete
settlement of this litigation and have entered into a Settlement Agreement and General
Release. Attached hereto as Exhibit A is the fully signed and executed Settlement
Agreement and General Release. Pursuant to the terms of the Agreement, plaintiffs
will dismiss the entire action by filing a request for dismissal with prejudice.
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~ Dated: March 28,2003 FOX & SOHAGI, LLP
Attorneys for RespondentsDefendants CITY OF OCEANSIDE, OCEANSIDE CITY COUNCIL, CITY OF VISTA, VISTA CITY COUNCIL, CITY OF CARLSBAD, and CARLSBAD CITY COUNCIL
3ceansidebotice ofsttlt.pld\70100.026
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NOTICE OF SETTLEMENT AND FILING OF SETTLEMENT AGREEMENT; EXHIBIT A
SETTLEMENT AGREEMENT AND GENERAL RELEASE
This Settlement Agreement is entered into between Dons Hatcher; Michael
Martin; & Beverly Owen, on behalf of themselves and all those persons in need of emergency
shelter and food this winter in north-costal San Diego County (referred to hereinafter as
“Plaintiffs”) and the City of Oceanside; Oceanside City Council; City of San Marcos; San
Marcos City Council; City of Vista; Vista City Council; City of Encinitas; Encinitas City
Council; City of Carlsbad; Carlsbad City Council; County of San Diego; San Diego County
Board of Supervisors (referred to hereinafter .as “Defendants). Plaintiffs and Defendants are
collectively hereinafter referred to as “Parties” to this Settlement Agreement (‘Agreement’’).
RECITALS
This Agreement is entered into with reference to the following facts and allegations:
A. A dispute exists between Plaintiffs and Defendants regarding the provision of winter
shelter facilities for the homeless in north-coastal San Diego County and the Cities of
Oceanside, San Marcos, Vista, Encinitas and Carlsbad. On or about January 25,2002, Plaintiffs
filed a class action lawsuit in the form of a Petition for Peremptory Writ of Mandate, San Diego
Superior Court Case No. GIC 782067 (the “Action”) against Defendants. Plaintiffs asserted
violations of Government Code Sections 65300,65302 (c), 65580,65583, and 65588. Plaintiffs
claimed that Defendants’ general plans, and more specifically, their housing elements
were insufficient due to the absence of adequate provision of winter shelter facilities for the
homeless. Plaintiffs sought injunctive relief including the establishment or facilitation of the
EXHIBIT A 3
development of an emergency shelter in north-coastal $an Diego County. Plaintiffs filed an
amended petition on or about September 27,2002, setting forth the same legal theories and
seeking the same relief
B. Defendants denied each of the claims made in the Action and asserted that their
respective housing elements and general plans conform to applicable California statutes.
C. The Parties agreed to mediation. The Honorable Judge Arthur Jones (ret.) presided
over the mediation process, which concluded with a session attended by all parties on December
18,2002.
D. The Parties participated in extensive negotiation and mediation concerning resolution
of any and all claims that have been, could have been, or may be asserted in connection with the
Action and the Parties have agreed to fully, finally and forever settle any and all such claims and
actions, known or unknown arising out of or related to the matters in the Action through
mediation.
E. The Parties understand and expressly agree that this Settlement Agreement contains
all of the terms agreed to as a result of the mediation and constitutes a final resolution of all of
the claims raised in the Action.
NOW, THEREFORE in consideration for their mutual promises and covenants set forth
herein, the Parties agree as follows:
AGREEMENT
1. Each and all of the above recitals are incorporated herein by reference as though set
forth in full.
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2. In consideration of the terms and provisions of this Agreement, the Plaintiffs hereby
fully release the Defendants and their respective successors, assigns, attorneys, agents,
representatives, administrators, directors, officers, members and employees, fiom any claims,
actions, causes of action, liabilities, costs, expenses, fees, demands, injuries, and damages arising
out of or relating to any matters covered by this Action.
3. Except insofar as may be necessary to enforce their respective rights pursuant to this
Agreement, the Parties covenant that they will forever refiain .firom instituting, pursuing or in any
way aiding any claim, right or demand released in this Agreement and this Agreement may be
pleaded as a full and complete defense to any claim, demand, action or other proceeding which
may be brought by or on behalf of any Party relating to any claim, right or demand released in this
Agreement.
4. The Plaintiffs have been certified as a class by the court.
5. Winter shelter beds are beds available for the homeless during the winter months,
usually December 15”’ though March 15*. For the period December 18,2002 through March 15,
2003, Defendants will ensure that there are approximately one hundred five (1 05) “additional”
winter shelter beds available in Defendants’ cities. For purposes of this Agreement, ’
“additional’winter shelter beds means beds that became available after the Vista regional shelter
closed in March 2001 and does not include winter shelter beds available in Defendants’ cities,
during the period fiom December 15,2000 through March 15,2001. For the period January 1 ,
2003 through March 3 1,2003, Defendants will supplement the 105 beds by twenty (20) beds, for
a total of 125 additional winter beds.
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6. A Task Force, consisting of representatives from each Defendant city and the County of
San Diego will be established to continue meaningful, good-faith discussions of the provision of
winter shelter for the homeless in north-coastal San Diego County.
7. Plaintiffs waive any claim to attorneys’ fees.
8. Defendants will pay the costs of mediation, divided equally.
9. Plaintiffs will dismiss the Action With Prejudice, within five (5) working days of he
execution of this Agreement.
10. This Agreement is intended to be final and binding between the Plaintiffs and
Defendants. Each party relies on the finality of this Agreement as a material factor inducing that
party’s execution of this Agreement.
1 1. This Agreement may be executed in separate counterparts, each of which shall be
deemed an original, and, if in fact, executed in counterparts, shall become effective when such
counterparts have been signed by ail parties.
IN WITNESS WHEREOF, the Parties hereto and their respective attorneys of record
have approved and executed this Settlement Agreement and 1 General Release on the dates
specified below:
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AGREEING AND RELEASING PARTIES:
By: cmm
CITY OF SAN MARCOS
By:
Its:
Date:
Date:
APPROVED AS TO FgRM:
Duane Bennett, Esq.
City Attorney
Date:
SAN MARCOS CITY COUNCIL
By:
Its:
Date:
APPROVED AS TO FORM:
Lounsbery, Ferguson, Altona & Peak,
LLP
By:
Helen Holmes Peak, Esq.
Attorneys for City of San
Marcos
Date:
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* FILE No.213 03/26 ’03 12:26 1D:LFFIP tSUUNUlUU w .. .
AGREEING AND RELEASING PARTIES:
CITY OF OCEANSIDE OCEANSIDE cm COUNCIL
By:
Its:
Date:
Its:
Date:
APPROVED AS TO FORM:
BY Duane Bennett, Esq.
City Attorney
Date:
SAN MARCOS cm COUNCIL
By:
APPROVED AS TO FORM:
Lounsbery, Ferguson, Altona & Peak,
UIP
By:
Helen Holmes Peak, Esq.
Attorneys for City of San
Marcos
Date:
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CITY OF VISTA 1
Its: flw
CITY OF ENCINITAS
By:
Its:
Date: -
VISTA CITY COUNC?
By:
APPROVFiiO FORM:
ENCINlTAS CITY COUNCIL
Date:
APPROVED AS TO FORM:
Glen Sabine, Esq.
City Attorney
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CITY OF VISTA
By:
Its:
Date:
VISTA CITY COUNCIL
By:
Its:
Date:
APPROVED AS TO FORM:
By:
Wayne Dmetz, Esq. - City Attorney
City Attorney
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CITY OF CARLSBAD
By:
Its:
Date:
COUNTY OF SAN DIEGO
CARLSBAD CITY COUNCIL,
By:
Date:
APPROVED AS TO FORM:
By:
Ron Ball, Esq
City Attorney
SAN DIEGO COUNTY BOARD OF
SUPERVISORS
Date: 3 (3 /03
APPROVED AS TO FORM:
By: f?-
John Sansome, County Counsel
C. Ellen Pilsecker, Senior
Deputy County Counsel
.
DREHER LAW FlRM
Robert Scott Dreher, Esq.
Attorney for Plaintiffs Dons
Hatcher, et al.
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(I MAR-28-03 12 : 24 lbU4340101
3-$e-03: 1:15FW:
CITY OF CARLSBAD
By:
Its:
Date: L
COUNTY OF SAN DIEGO
By:
Its:
Date:
APPROVED AS TO FORM:
f City Attorney
SAN DEW COUNTY BOARD OF
SUPERVISORS
Date:
APPROVED AS TO FORM:
By:
John Sansome, County Counsel
C. Ellen Pilsecker, Senior
Deputy County Counsel
DREHER LAW A FIRM
By: &5 Robert Scott Dreher. Esq .
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PROOF OF SERVICE
STATE OF CALIFORNIA 1
COUNTY OF LOS ANGELES )
I am em loyed in the County of Los Angeles, State of California. I am over the age of 18 an B not a party to the within action; my business address is 10960 Wilshire Boulevard, Suite 1270, Los Angeles, California 90024-3702.
NOTICE OF SETTLEMENT AND FILING OF S 8 TTLEMENT AGREEMENT; EXHIBIT A on interested parties in this action.
) ss.
On March 28,2003, I served the fore oing document described.as
By placing the original a true copy thereof enclosed in sealed. envelopes addressed as follows:
SEE ATTACHED SERVICE LIST
6T BY MAIL El FEDERALEXPRESS
0 I de osited such envelope in the mail at Los Angeles, California. The envelope was maile B with postage thereon fblly prepaid.
As follows: I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be de osited with U.S. ostal service on that same da with postage thereon fblly prepaid at os Angeles, Cali ornia in the ordinary course o business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is nore than one day after date of deposit for mailing in affidavit.
7 BY PERSONAL SERVICE I delivered such envelope by hand to the offices of ;he addressee.
P fy I!
Executed on March 28,2003, at Los Angeles, California:
iT (State) I declare under penalty of perjury under the laws of the State of Zalifornia that the above is true and correct.
- - \F
Joyce Carota
’ype or Print Name Signature 0
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,
Hatcher, et al. v. City of Oceanside, et al. San Diego Superior Court Case No. GIC 782067
SERVICE LIST
Robert Scott Dreher, Esq. Dreher Law Firm 835 Fifth Avenue, Suite 202 San Diego, California 92 10 1
Randal Morrison, Esq. Sabine & Morrison 1 10 Juniper Street P. 0. Box 4213 18 San Diego, California 92 142- 13 1 8
John Sansone, County Counsel C. Ellen Pilsecker, Senior Deputy County Counsel County of San Diego 1600 Pacific Hi way, Room 3 5 5 San Diego, Cali P ornia 92 10 1
Helen H. Peak, Esq. Judith Hartwig, Esq. Lounsbery, Ferguson, Altona & Peak 6 13 West Valley Parkway, Suite 345 Escondido, California 92025-25 15
ATTORNEYS FOR PETITIONERS/PLAINTIFFS
ATTORNEYS FOR RESPONDENTSDEFENDANTS CITY OF ENCINITAS, ENCINITAS CITY COUNCIL
ATTORNEYS FOR RESPONDENTS/DEFENDANTS SAN DIEGO COUNTY, SAN DIEGO COUNTY BOARD OF SUPERVISORS
ATTORNEYS FOR RESPONDENTSDEFENDANTS CITY OF SAN MARCOS, SAN MARCOS CITY COUNCIL
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
330 W. Broadway, Dept. 69
San Diego, CA 92101
619-685-6137
TO: FOX & SOHAGI
MARGARET A. SOHAGI #126336
FOX & SOHAGI, LLP
10960 WILSHIRE BOULEVARTD, SUITE 1270
LOS ANGELES, CA 90025
DORIS HATCHER,et al. I Case NO.: GIC782067
Plaintiffcs)
vs . I NOTICE OF DISMISSAL BY COURT
CITY OF OCEANSIDE
Defendant(s)
I
UNLESS ONE OF THE FOLLOWING OCCURS, THE COURT UILL DISMISS THE ABOVE-ENTITLED CASE UITHWT PREJUDICE ON 05/19/03 .
1) File a judgment or dismissal (see Superior Court Rules, Division 11, Rule 10.10, if applicable).
2) Appear ex parte in the department listed below and show good cause why the case should not be dismissed.
Report to Judqe RONALD S. PRAGER
All inquiries regarding this notice should be referred to the court and phone nhr listed above.
CERTIFICATE OF SERVICE
I certify that: I am not a party to the above-entitled case; on the date shown below, I served this notice on the
parties shown by placing a true copy in a separate envelope, addressed as shown; each envelop, was then sealed and,
with postage thereon fully prepaid, deposited in the United States Postal Service at Sari Dlego ,
California. CLERK OF THE SUPERIOR COURT
DATED: 04/03/03 BY: L. CRAIG , Deputy
ROBERT S . DREHER (PI
JUDITH HARTWIG (D)
C. ELLEN PILSECKER (D)
MARGARET A. SOHAGI (Dl
SUPCT CIV-7WRev. 2-00) MFD-NOTICE OF DISUISSAL BY COURT