HomeMy WebLinkAbout1991/05/07 Item 11
CDUNCIL AGENDA STATEMENT
ITEM TITLE:
Item~
Meeting Date 5/7/91
Resolution 1 ,t1J- Approving the Joint Powers Agreement by and
among several Cities of the County of San Diego to Litigate
the validity and Amount of San Diego County's BOoking Fee
Charges
City Attorney ~
SUBMITTED BY:
(4/5ths Vote: Yes No X )
--
On March 19, 1991, the City Council conceptually approved participation in a
Joint Powers Agreement among several San Diego County cities affected by the
County booking fee charge for the purpose of retaining outside legal
assistance and litigating the validity and amount of the County booking fee
charge. The attached agreement is the implementation of that policy direction.
REOJMMENDATION: It is recommended that the Council adopt the attached
resolution which will approve the Joint Powers Agreement and authorize the
Mayor to execute same.
BOARDS/CC!'IMISSIONS RECC!'IMENDATION: N/A
DISCUSSION:
The Joint Powers Authority would be formed for the purpose of pursuing
litigation against the County and authorizing the JPA to file suit on behalf
of the City's claims. The administration of the litigation is delegated to an
Administrative Committee composed of the City Attorneys of the signatory
cities.
The City Attorneys ASsociation has designated five members to serve on the
Executive Committee of the Administrative Committee and those member agencies
include the following: Chairman George Eiser, National City; Bruce M.
Boogaard, Chula Vista; Vince Biondo, Carlsbad; Steve Eckis, poway and Roger
Krauel, Coronado, Del Mar and Encinitas.
The cost for the litigation will be divided among the various cities based on
the 1990 estimated booking fees. Our respective share is 8.23%, and upon
execution of the Agreement, we will be expected to contribute our respective
share of the first year's estimated legal expenses or $4,115. Total estimated
legal expenses are $50,000 for the first year. $10,000 has been previously
appropriated, so no budget authority is herein requested.
National City will provide trust accounting services for such fees paid in by
each of the various cities.
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Agenda Item No. .11
Meeting Date: 5/7/91
page Two
Any party may withdraw upon 15 days written notice, but shall be liable for
its appropriate share of the legal expenses incurred to the date of notice of
termination.
The City Attorneys Association has solicited resumes from three legal firms
and is recommending the firm of Meyers, Nave, Riback & West of San Leandro, a
firm which gave us a very competitive bid and which is representing a similar
group cities in northern California. We, therefore, anticipate realizing some
economies of scale on the costs of such legal services.
FISCAL IMPACT: By
appropriated $10,000
need is $4,115.00.
Resolution No. 16095, the Council has previously
to cover the li tigation costs. We expect this year's
8807a
11-1-
RESOLUTION NO. l't%1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE JOINT POWERS
AGREEMENT BY AND AMONG SEVERAL CITIES OF THE
COUNTY OF SAN DIEGO TO LITIGATE THE VALIDITY
AND AMOUNT OF SAN DIEGO COUNTY I S BOOKING FEE
CHARGES, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on March 19, 1991, the City Council
conceptually approved participation in a Joint Powers Agreement
among several San Diego County cities affected by the County
booking fee charge for the purpose of retaining outside legal
assistance and litigating the validity and amount of the County
booking fee charge; and
WHEREAS, the attached agreement is the implementation of
that pOlicy direction.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the Joint Powers
Agreement by and among several cities of the County of San Diego
to litigate the validity and amount of San Diego County's booking
fee charges, a copy of which is on file in the office of the City
Clerk.
BE
Chula Vista
agreement for
IT FURTHER RESOLVED that the Mayor of the City of
is hereby au thor ized and directed to execute said
and on behalf of the City of Chula Vista.
8811a
pre:?jd and
I~I
Bruce M. Boogaa d, Clty
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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 pursuant
to Government Code section 6502 by and among the following public
agencies:
city of Carlsbad City of La Mesa
city of Coronado city of National city
City of Chula Vista city of Oceanside
city of Del Mar City of poway
city of El Cajon city of San Marcos
City of Encinitas city of Solana Beach
City of Escondido city of vista
City of Imperial Beach
2. Recitals. Each party to this Agreement is a municipal
corporation duly authorized and existing under the laws of the
State of California, and situated wholly or partially within the
boundaries of the County of San Diego. Each party has the power
to sue and be sued in its own name.
A dispute has arisen between the Parties and the County
of San Diego regarding booking fees imposed by the County of San
Diego. The Parties believe that San Diego County has improperly
imposed booking fees. The Parties, therefore, desire to pursue
their co~~on goal by filing suit against the County of San Diego.
3. Puroose. The purpose of this Agreement is to provide
for the efficient resolution of the Parties' common legal claim.
Although each Party has the right to bring similar litigation
separately in its own name, the resulting litigation by all the
Parties would be duplicative and, in some cases, prohibitively
costly. Through this Agreement the Parties desire to set forth
the terms and conditions under which one action may be maintained
on behalf of all Parties; to provide for the management and
direction of such litigation; to provide for the allocation of
litigation expenses; and to set forth various other matters
relating to the prosecution of the Parties' claims against the
County of San Diego.
Page 1 of 10
April 21,. 1991
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intend
and no
4. No
to create
provision
separate Agency Created. The Parties do not
a separate public agency through this Agreement,
of this Agreement should be so constructed.
5. Authorization to File Suit. By execution of this
Agreement, ea~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 general
purpose of insuring the proper imposition of booking fees by the
County of San Diego as those fees affect the respective Parties.
6. Administration of Agreement. The administration of
the activities called for in this Agreement is delegated to and
vested in an Administrative Committee. The Administrative
Committee shall be comprised of City Attorneys of all signatory
cities.
Each member of the Administrative Committee shall be, at
all times, an officer or employee of a party to this Agreement.
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 Agreement, a
new member shall be promptly selected in the same manner as the
original member. The Administrative Committee shall select a
chairperson and shall keep all Parties informed of the
composition of the committee.
The Administrative Committee is authorized and directed,
on behalf of all parties, to perform all acts necessary or
desirable to execute and administer this Agreement including, but
not limited to: selecting and retaining legal counsel; providing
day-to-day management and direction of the litigation, including
the right to determine all matters of tactics and strategy on
which legal counsel requests direction; authorizing, evaluating
and monitoring legal expenses; and conducting settlement
negotiations, if any, provided that any proposed settlement
agreement shall require the unanimous consent of all agencies
then Party to the Agreement.
7. Accounting Services. The Finance Director of the
City of National City shall provide accounting services for all
payments and receipts required by the terms of this Agreement,
and shall be responsible for the safekeeping of all funds paid by
or to the Parties to this Agreement.
Page 2 of 10
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8. Obliaations of the Parties. Each Party to this
Agreement shall:
a. Pay, upon demand, its "appropriate share" of all
expenses incurred in the performance of activities called for by
this Agreement.
The "appropriate share" of each Party shall be
calculated as follows:
One Hundred percent (100%) of all expenses shall
be apportioned among all of the following Parties with each such
Party bearing the same percentage of those expenses which that
pa.rty'. ..tima.ted booxing fee for 1990 bears to the bookings of
all parties to the Agreement for 1990. For the purpose of
apportioning expenses incurred under this Agreement, the Parties
agree that.the following table accurately reflects the Parties to
this Agreement, the estimated booking fee of each Party for 1990,
the total booking fee of all such Parties for 1990, and the
percent of each such Party's estimated booking fee with respect
to the estimated booking fees of all Parties:
Estimated
Booking Fees Percent
~ 1990 of TO~81
city of Carlsbad $ 231,154 4.90
City of Coronado 61,446 1. 30
city of Chula Vista 388,234 8.23
City of Del Mar 33,110 0.70
city of El Cajon 548,394 11. 62
City of Encinitas 322,322 6.83
city of Escondida 562,254 11.92
City of Imperial Beach 113,498 2.41
city of La Mesa 154,924 3.28
City of National City 422,268 8.95
City of Oceanside 1,077,384 - 22.84
City of poway 147,070 3.12
City of san Marcos 168,014 3.56
City of Solana Beach 68,530 1.45
City of Vista 419.188 8.89
Totals $ 4,717,790 100.00
In the event of termination by any Party to this
Agreement, the Finance Director shall recalculate the appropriate
share of each Party to the Agreement based upon the figures set
forth above and shall notify each Party of the results of that
recalculation.
Page 3 of 10
April ~4, '99~
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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:
Qili: Total
city of Carlsbad $ 2,450
City of Coronado 650
City of Chula Vista 4,115
city of Del Mar 350
city of El Cajon 5,810
city of Encinitas 3,415
City of Escondido 5,960
City of Imperial Beach 1,205
City of La Mesa 1,640
city of National city 4,475
City of Oceanside 11,420
city of poway 1,560
City of San Marcos 1,780
City of Solana Beach 725
City of vista 4.445
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 to
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 each
Party's contribution to the total.
9. Escrow of Fees. Each Party to this Agreement agrees to
pay the amount of booking fees in dispute into a separate trust
or escrow account or similar fund or account during the pendency
of litigation on condition that the monies so paid will be
l'age 4 of 10
April 24, 1991
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disbursed to the County or returned to the Parties, as the case
may be, upon final judgment or settlement.
10. Termination of Aqreement. This Agreement shall
terminate as to any Party upon occurrence of any of the following
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 terminating
Party shall be liable for its appropriate share of any expenses
incurred up to the date notice of termination is received which
exceed the terminating Party's contribution under paragraph 7.b.;
and provided further, that in no event shall a terminating Party
be entitled to a r~fund of all or any part of its contribution
made under paragraph 7.b.
b. Automatically, upon the failure of any Party to
pay its appropriate share of litigation expenses within sixty
(60) days of date of invoice.
11. Amendment. This Agreement may be amended at any time
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 be
directed to the office of the city manager of the Party, with
copies to the city managers of all Parties.
13. Counteroarts. This Agreement may be executed in
multiple counterparts.
Executed on the date hereinabove written, in California, by:
CITY OF CARLS BAD
By:
Mayor
Date
APPROVED AS TO FORM:
By:
City Attorney
(Signatures continued on next page.)
Page 5 of 10
Apr; I 24, 1991
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CITY OF CORONADO
By:
Mayor
Date
APPROVED AS TO FORM:
By:
City Attorney
CITY OF CHULA VISTA
By:
Date
Mayor
APPROVED AS TO FORM:
By:
City Attorney
CITY OF DEL MAR
By:
Date
Mayor
APPROVED AS TO FORM:
By:
City Attorney
(Signatures continued on next page.)
Page 6 of 10
Aprt l 24, 1991
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From the Office of the City Attorney
City of Chula vista
Memorandum
1'\\
Date:
May 6, 1991
From:
Bruce M. Boogaard, City Attorney, Recording Secretary
Voice Phone: 691-5037, Telecopier: 691-5214
To:
via:
George Eisler, Exec. Committee Chair, Booking Fees JPA
( x ) Telecopier, No. 336 4376
cc:
John Goss, City Manager
All Administrative Committee Members
Re:
Booking Fees Litigation
Possible Conceptual Changes to Proposed Booking Fees JPA
Request for Additional Authority to Change Agreement
At our last City Attorney's luncheon, we resolved to prosecute the
Booking Fees JPA through our respective City Councils.
Certain changes herein discussed are being considered by various
cities.
In order that you should not be required to return the agreement to
your respective councils, you may wish to obtain collateral
delegation of authority to the City Attorney to make such of the
following changes as each of you feel are appropriate.
1. Section 6. City Managers have decided that they would like two
"slots" on the Executive Committee of the Administrative Committee,
to be designated by their group. Carlsbad, Chula Vista, National
ci ty , Coronodo, and poway are now Executive Committee cities.
Perhaps the managers should come from other cities.
2. Parties Section and Paragraph 8. Lemon Grove and Santee want
to join the litigation. Allocation formulas will change for those
additions to reduce each participant's percentage and amount.
3. Paragraph 7, Page 2. National City shall be paid on a time and
material basis for the accounting services of its Finance Director
and department. National City shall not be required to have the
accounting audited.
4. Should the property tax administration charge be part of the
action? Lee Knutson and Lynn MCDougal has expressed some interest.
National city is neutral at this point. George Eisler reports that
Kane, Balmer & Berkman, Bruce Tepper, is representing 10 redevelop-
ment agencies in 4 counties opposed to the charge. Maybe we should
have our redevelopment agencies join in that separately from this
action. For this purpose, however, we should get the authority to
include this in the subject matter of the litigation if their is a
consensus of the Administrative Committee (the large committee).
II-Ie
CITY OF EL CAJON
By:
Mayor
Date
APPROVED AS TO FORM:
By:
City Attorney
CITY OF ENCINITAS
By:
Mayor
Date
APPROVED AS TO FORM:
By:
City Attorney
CITY OF ESCONDIDO
By:
Mayor
Date
APPROVED AS TO FORM:
By:
City Attorney
(signatures continued on next page.)
Page 7 of 10
April 24, 1991
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CIT~ OF IMPERIAL BEACH
By:
Mayor
Date
APPROVED AS TO FORM:
By:
city Attorney
CITY OF LA MESA
By:
Mayor
Date
APPROVED AS TO FORM:
By:
City Attorney
CITY OF NATIONAL CITY
By:
Mayor
Date
APPROVED AS TO FORM:
By:
city Attorney
(Signatures continued on next page.)
Page S of 10
April 24, 1991
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CITY OF OCEANSIDE
By:
Mayor Date
APPROVED AS TO FORM:
By: City
Attorney
CITY OF POWAY
By:
Date
Mayor
APPROVED AS TO FORM:
By:
City Attorney
CITY OF SAN MARCOS
By:
Mayor
Date
APPROVED AS TO FORM:
By:
City Attorney
(Signatures continued on next page.)
page 9 of 10
April 24. 1991
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CITY OF SOLANA BEACH
By:
Mayor Date
APPROVED AS TO FORM:
By: City
Attorney
CITY OF VISTA
By:
Date
Mayor
APPROVED AS TO FORM:
By:
city Attorney
page 10 of 10
Apr! l 24, 1991
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