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HomeMy WebLinkAboutAgenda Statement 1980/01/02 Item 13CITY OF CHULA VISTA COUNCIL AGENDA STATEMENT Item No. 13 For meeting of 1/2/80 ITEM TITLE Resolution99~~i- Providing for the Special Appropriation of Funds for Payment of Costs and Attorneys' Fees in Inverse Condemnation Lawsuit, Nelson v. City of Chula Vista SUBMITTED BY City Attorney ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES- NO ) On December 4, 1979, the City Council authorized the payment of the judgment in the amount of $18,150.00 in the inverse condemnation action of Nelson v. City of Chula Vista. At that time, the City Attorney did not have a complete breakdown from the court of attorneys' fees and costs which we are also liable to pay. The attorney, Mr. Albright, representing Mr. Nelson notified this office on several occasions that the court had ordered the sum of $9,369.50 to be paid as costs and attorneys' fees in the matter. However, until verification of the figure could be obtained, a recommendation for payment was not forwarded. Such a verification has now been obtained and the following breakdown of the court's order is provided: Item Amount Agreed value .$15,000.00 Filing fees 43.50 Reporter's fees 10.00 Process server 30.00 Appraisal fees (2nd trial) 500.00 Retainer (paid by plaintiff) 1,250.00 Research (pursuant to contract) 276.00 Attorneys' fees (40% contingency fee on judg- ment with interest of $18,150) 7,260.00 Total $27,519.50 GDL:LGK Continued on Paqe 2 tXHltill5 Agreement Resolution x Ordinance Plat Notification List Other Petition ENVIRONMENTAL DOCUMENT: Attached Submitted on FINANCIAL IMPACT Appropriation of $9,369.50 is required from the unappropriated balance of the General Fund to be placed in Account No. 100-0700-5233. STAFF RECOMMENDATION Approve Resolution BOARD/COMMISSION RECOMMENDATION s ~: ~ r COUNCIL`~AG Form A-113 (Rev. 5/77) Item No. 13 ' For Meeting of 1/2/80 Supplemental Page Two Having paid the amount of $18,150, the remainder is as requested by Mr. Albright in the sum of $9,369.50. Mr. Albright has filed for a Peremptory Writ of Mandate and a copy of his petition is attached. He is also asking for the sum of $500 as damages for the cost of filing the Peremptory Writ of Mandate. Although there has been some delay in the payment, I do not feel that the City should pay such damages since it is clear that there was never any attempt on the part of the City to withhold the payment or in fact to delay it beyond such time as verification of the actual figures could be obtained. Therefore, it is recommended that the Council adopt the resolution providing for the appropriation of $9,369.50. This amount, plus the $18,150.00 for a total of $27,519.59, has been held by Judge Overton to be reimbursable to the City by Robinhood Homes. As of this date, Mr. Reeve Jacques has not received word from the attorneys for Robinhood Homes as to whether or not they intend to appeal that decision. The time for perfecting such an appeal will run out in the middle of January. ~~2 I~ I li 1 ~ a i 3 4 5 6 7 8 9i 10 ~ I 11 12 13 14 i. 15 jj ., 16 '~ i, ~~ 17 i 18 '~ 19 ~i 20 ;' 21 ; 22 23 i 24 25 26 27 ~! 28 JA+~:S R. aLSRIGdd'P loop ~31a~8 ~l~a. X141 Nat ionel ::ity, +: a 5~2©SO 714/474-2245 attorney for ~°laintiff Si3~'F~IUR Ct}1iRT CAF Tld~ STATE f3~' .i~"q~1dZ~ ZN A,'Vi~ FtJlt T~ Ctx3m"T~ C}~' SAir LYE P2~aintiff, j ~''~° ~'. 3560b7 F'~T°ITI~3Iv 1~€}F~ 1~'i:ZT ~r =~+lC^~.tinA3;s, ~~. ~ CITY ~~ cl~, vxsT~, i:T ~~., ~fendants. 1. Petitioner is a reaidene of the County o€ San l~~.egcr, State of California, and wx~s the plairati,ff in the above- IYtIM+SBr~'.d actiaz~ i.~ 4~ +~~}v~rw~t~t~••\.R V{J• 2. ~eapanclent is a municipal c+mrgoratl.on located in Sacs Diego bounty, State of California, and we,s th+e ~l~efendant in the above-n~aber~ad Court. 3. Kespand+ent has a clear, present and ministerial duty to pay costs and attorn+sy fe®s in thm a~-unt of $g~bS~.50 a$ a r,~- ' sult of a ,~ ud~nent rendered by the above-en,; l.t l~e~i c4uxt guy - ', suit to 8ectio~t 2f136, California, Cade of Civil Prt~c$dcir~:. 4. Petitioner is a person beneficial~.y intareated in the issuance of the ~*it in that re~pc~r~dent has fa~,led to re~,~r- i horse petitl.a:~er for his actual coats to which he is entitled purausnt to statute. 2 '' f~ ~~ `"~ ~~ ~ _. I 1 2 ji I I 3 ~ I! 4~ li I~ 1, S II 6 ~ 7 II i 8 10 11 12 13 14 i 15 ~~ 16 .! ~, 1? 18 ~~ 20 21 22 ~,~`ti 23 ~' i I~ 24 j,' 2S 26 27 j ii 2$ ~. ='e:titiuner bas per~crra~d <~li conditions precedent to ~h~• ~.iir-~ ~~ tiffs petition by natl.fyirz the resporL~'ent and its attorne; of the suz:as sough b~,r pEritione.s, C:. {L~w~~s3tw~e%.t fL`At~.£s ~c~l°.~.E'G~ GG F~G:t F3L1~s s^.s'~Clt~~id~a t=v ::c.'.~. ~p pct t~: i'~aiiil its oblig~tic-n u€~cl~r 1a~~7. i ~~E~.:i.~:t.~Ci'~:r ~"ltglCU' iYOc ~l.e"f:~3y ~~.:"F'F'£~;:Y s~!?s;:t t~',i~.`'.s^~us~f~ aC::t~t~sd~. i~! ~i~E: ~*.41' l c.::°~r C»W+~',...~~;~.. C~S.1. 1$~' ~~.:1?"': n,. 4-~. ~I:. °' , a-ei: L.I., k: _L.~..YFi... ,a.+t .sV'iV lt~_ this petition in that peL'itii~rtz;•, ~,~ pte'v~:r~.~r~~ ;~,, ;,~? to ~,:~~- cute on his „Ruct~,ut+~rtt ©r in any otk~E:r m~..;;:~er e~~fc~rc: Ilse iudg- trent . ~, ::mss; c~c'e:.t i s i~~.ILr~_~ ~w.:~rra, it~~ lut~7 h~::r. is r., to p~ ~ee.~f~nn~d has dt~uaa~k:r3 petit.r~ner :n t:ac purr, ~. ~: a`~w°v . C:s i.r.„ t~~~.:. a-~~ t.;~;~ is~d it't $~CLirE`: tTle bt3rV:.C€~ ©~: a41.£y .?~L!:"::: E:yP ~~~ z:+~'f';a-;c~P'~'. 't.::2L~ E7~a'~~.~~.tiL1 a.nd supporting aoc~,xuir~:a.ts , i L,.,., i I ~., ghat t.i'1+~ ~+~:1:Ci i~~cir~ ~,.~.: b.E,vC.'a?~'~`1.l~~ ~~g~.t a.~~ ::~:.~;,:'..::~~ !~~~cer nanr~in^ rep car-~cr:t l:o r ~ .,, ~ ~ ~'~3~ tC' t~k`:n ~1£':s:w,~:~L~riC~~' :`,i'1..r L:o..L., 3.:~ ~~~ j s of ;?~,3a~.5~ or l:o st~oa~ ~:~::~e >+:,.:~C3Y'e at s tine. ~1>ec~iieCl i by count order c~r~-~y it Yia~. nct :aora~ 2~ anu ~~~~- ~ ~~erercl.; ~+ry !'. ; ~+r~.t: of tt~date cc~aa. dl.n res .onderst to fi" i g p ~y i:be s~~a ate. $~336~.50. 3 . r,~ax• c1~ia;Mes in t"tie suui G~ ~~SC~; . C~ . i di • ror cq:^y'~6 (.':~ ti~~.s ~3~:cjCK~£"f;z:a.i;~ Ea ,6.~ iOir >i'i.t^i4 C+'~:~lf.:: ~.CiC ~ i further xeil.ef ~s tine Lour:: :~~:~~.~~ us: .:2.~2~ p:•opt~~:. .O~.tE~-:~- xr"_-iii-~~~ /~ :. R, . ~ ~ .,. lx~l Lli~_~w:. i. ~~L1 a'.. L~A.w['~~i. ~~.Y", ~.~~w+• V - ~~ Form No. F-229 12/73 CERTIFICATE OF CITY/DIRECTOR OF FINANCE Certification of Una ropriated Balance I HEREBY CERTIFY that the money required for the appropriation of funds for the purpose set forth in the attached resolution is available in the Treasury, or is anticipated to come into the Treasury, and is otherwise unappropriated. Amount $ 9,369.50 Fund General - Fund 100 Purpose Attorneys' Fees - Nelson v. City of Chula Vista Bidder N/A 100-0700-5233 Date 12/27/79 BY /L Director of Finance The City of Chula Vista Certification of Unencumbered Balance I HEREBY CERTIFY that the indebtedness and obligation to be incurred by the contract or agreement authorized by the attached resolution can be incurred without the violation of any of the provisions of the Charter of the City of Chula Vista, or the Constitution or the laws of the State of California, that sufficient monies have been appropriated for the purpose of said contract, that sufficient monies to meet the obligations of the contract are actually in the Treasury, or are anticipated to come into the Treasury to the credit of the appropriation from which the same are to be drawn, and that said monies now actually in the Treasury, together with the monies anticipated to come into the Treasury, to the credit of said appropriation are otherwise unencumbered. Amount Not to Exceed $ Director of Finance The City of Chula Vista Date By Fund Dept./Activity Purpose Hidder ~~ Certificate No. 51