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HomeMy WebLinkAboutAGENDA REPORT 1995 0802 CC REG ITEM 11C IX14. (aL[c„ ITEM it a . CAL- . C:t)(Cou •,dI d�✓ _ of • `� AGENDA REPORT ACTION: 64' CITY OF MOORPARK TO: Honorable City Council FROM: Mary R. Lindley, Assistant to the City Manager rI! DATE: July 25, 1995 (CC Meeting of August 2) SUBJECT: Consider Participation in the Joint Powers Agreement Related to the Planning and Conservation League vs. Ventura County Transportation Commission Lawsuit. Background On July 12, the City Council considered the draft Joint Powers Agreement (JPA) and took action to defer participation until additional information was known about the intent of PCL and the potential ramifications for the City. The Council directed staff to reagendize the JPA following the July 13 AVCC meeting. The Association of Ventura County Cities (AVCC) held its meet on July 13 to amend and approve a JPA between the ten cities in response to a lawsuit filed against the Ventura County Transportation Commission (VCTC) by the Planning and Conservation League (PCL) . AVCC requested that the city councils of the ten cities consider joining the JPA and allocating funds for their proportion of the total legal costs ($25, 000) . Moorpark's share is $1, 100. Previous to the July 13 meeting, the Moorpark City Council considered the draft JPA on July 12 and took action to defer participation until more was known about the intent of PCL and the potential ramifications for the City. In summary, the complaint filed by PCL argues the following: 1) VCTC abused its discretion when it determined that there were no "unmet transit needs" in Ventura County which could be reasonably met; and 2) therefore, VCTC inappropriately allocated local TDA funds for streets and roads. PCL believes that there is an "unmet need" for passenger rail service (Metrolink) to and from Ventura. TDA regulations state that funds can be used for street and road purposes only if there are no "unmet transit needs" . PCL is seeking a temporary restraining order to prevent the County Auditor-Controller from distributing all TDA funds until the complaint is resolved. 0000sj TDA Joint Powers Agreement July 25, 1995 Page 2 If PCL prevails, the restraining order could withhold the cities' TDA funds for transit and streets and roads purposes for an undetermined amount of time. In FY 1995/96, the City of Moorpark's total TDA allocation is approximately $550, 000. It is also possible that a action could be taken that would release funds for transit purposes only. The purpose of the JPA is to provide legal counsel for the cities. AVCC members agreed that it was in their best interest to jointly retain legal counsel since the interests of the cities and VCTC are not necessarily the same. While the cities have not been named as co-defendants, they may wish, at some time in the future, to be named as a "real party in interest" in order to protect their interests. It is important to remember that approximately $14 million in TDA funds are at stake. At its July 13 meeting, AVCC members made the following changes to the Agreement: 1) Language was included that states that the Administrative Committee may not exceed the initial $25, 000 deposit without the consent of all the parties. 2) Parties may withdraw from the JPA unilaterally at such time as an additional deposit is requested by the Administrative Committee; i.e. , if approval is given to exceed $25, 000. These amendments seemed to provide AVCC members with the assurance they needed. Participants in the JPA know that their financial commitment will not increase unless they agreed, and they can terminate their participation if additional costs are later approved. In addition, on July 13 AVCC members selected the following individuals to comprise the Administrative Committee as identified in the JPA: Councilmember Roger Campbell (Fillmore) ; Arnold Dowdy, City Manager (Santa Paula) ; and Mark Sellers, City Attorney (Thousand Oaks) . To date, the cities of Ojai, Santa Paula, Ventura, Fillmore, and Camarillo have considered and approved the Agreement. The other cities are expected to follow within the next two weeks. Staff is recommending that the City Council approve the City's participation in the JPA now rather than later to insure that its interests are well represented. As stated previously in the staff report, the City's $550, 000 in TDA funds are in jeopardy. In 000080 TDA Joint Powers Agreement July 25, 1995 Page 3 addition, the selection of an attorney is currently underway and the City should participate in that process. Lastly, in the event that the other cities choose to be named as a "real party in interest" , the City of Moorpark will want to insure that the position they set forth represents its best interests. In the event that one or more of the cities declines participation in the JPA, the cost to each participating party will increase slightly. Staff suggests that the City Council approve its participation predicated on Moorpark's share of the costs being $1, 100. If the cost increases, direct staff to return to Council for approval. Recommendation (Roll Call Vote) Staff recommends that the City Council: 1. Approve Moorpark's participation in the Joint Powers Agreement related to the Planning and Conservation League vs. Ventura County Transportation Commission pending confirmation that the City's cost will not exceed $1, 100; 2 . Direct the Mayor to sign the Agreement on behalf of the City; and 3 . Approve the allocation of $1, 100 from the General Fund Reserves for Moorpark's share of the Agreement's costs. attachment 0000b1 j I I(trn ti+ JOINT EXERCISE OF POWERS AGREEMENT BY AND AMONG THE CITIES OF THE COUNTY OF VENTURA THIS JOINT EXERCISE OF POWERS AGREEMENT (this "Agreement") is entered into pursuant to Government Code Section 6500, et seq., by and among the following public agencies: (a) CITY OF CAMARILLO,CALIFORNIA,a general law city (b) CITY OF FILLMORE, CALIFORNIA, a general law city, (c) CITY OFMOORPARK,CALIFORNIA,a general law city, (d) CITY OF OJAI, CALIFORNIA, a general law city, (e) CITY OF OXNARD, CALIFORNIA, a general law city, (f) CITY OF PORT HUENEME, CALIFORNIA, a general law city, (g) CITY OF SAN BUENAVENTURA, CALIFORNIA, a charter city, (h) CITY OF SANTA PAULA, CALIFORNIA, a general law city, (i) CITY OF SIMI VALLEY, CALIFORNIA, a general law city, and (j) CITY OF THOUSAND OAKS, CALIFORNIA, a general law city (hereinafter, individually, "Party" and, collectively, "Parties"). 1. Recitals. This Agreement is made and entered into with respect to the fol- lowing facts: (a) Each Party is a public entity, duly organized and existing under the Constitution and the laws of the State of California; and ooUo.a (b) Each Party is situated within the boundaries of the County of Ventura, California (the "County"); and (c) Each Party has the express power to sue and be sued in its own name; and (d) On June 5, 1995, the Planning and Conservation League and Robert Cote ("PCL") filed a petition for writ of mandate and complaint for injunctive relief against the Ventura County Transportation Commis- sion (the "VCTC"), as respondent, and Thomas O. Mahon, Ventura County Auditor-Controller, as real party in interest ("Mahon"), Ventura County Superior Court Case No. CIV155605, seeking: (i) A peremptory writ of mandate directing VCTC to set aside and vacate its finding of no unmet transit needs in Ventura County which may reasonably be met and the resulting allocation of Transportation Development Act ("TDA") funds to the County and the cities in the County for streets and roads purposes; and (ii) During the pendency of the action,the issuance of a temporary restraining order and preliminary injunction or, in the alterative, after hearing, a permanent injunction, restraining Mahon from releasing TDA funds to the County and the cities in the County for street and road purposes based upon VCTC's allocation; and (iii) For costs of suit and attorney's fees pursuant to Code of Civil Procedure §1021.5 (the "Litigation"); and (e) PCL .has indicated that it intends to amend its petition to name each of the Parties as an additional real party in interest; and (f) The purpose of this Agreement is to provide a defense to the Litigation in the event that the Parties are named defendants therein; and (g) Although each Party has the right to provide its own defense to the Litigation, litigation by all Parties would be duplicative and, in some cases, prohibitively costly; and -2- 000093 (h) The Parties desire by this Agreement to set forth the terms and conditions under which a single defense to the Litigation shall be pro- vided on behalf of all Parties, to provide for the management and direc- tion of the Litigation, to provide for the allocation of expenses incurred with respect to the Litigation and to set forth various other matters re- lating to the defense of the Litigation; and (i) The legislative body of each of the Parties has found and determined that the public interest, convenience and necessity require the execution of this Agreement. 2. Nature of Agreement. The Parties, by execution of this Agreement, do not intend to create a separate agency or entity, within the meaning of Government Code §6503.5, and no provision of this Agreement shall be construed to do so. 3. 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: (a) The mayor of one of the Parties who shall be selected and shall serve at the pleasure of the Association of Ventura County Cities (the "AVCC") who shall also serve as chairperson of the Committee; and (b) The city manager of one of the Parties who shall be selected by and shall serve at the pleasure of the AVCC (the "Manager"); and (c) The city attorney of one of the Parties who shall be selected by and shall serve at the pleasure of the AVCC. 4. Authorization of Administrative Committee. By execution of this Agree- ment, each Party authorizes and directs that the Administrative Committee employ legal counsel, diligently defend the Litigation on behalf of each of the Parties and co- operate and coordinate such defense with VCTC and Mahon to the extent practicable. Each Member of the Administrative Committee shall be, at all times, an officer or employee of a Party to this Agreement. If any Member of the Administrative Com- mittee ceases to be an officer or employee of a Party, or if the Member's agency ceases to be a Party, a new Member shall be promptly selected in the same manner as the orig- inal Member. The Administrative Committee shall keep all Parties informed of the activities of the Administrative Committee. The Administrative Committee is authorized and directed, on behalf of all Par- ties, to perform all acts necessary or desirable to execute and administer this Agreement, 000094 -3- 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; reviewing all expendi- tures; and conducting settlement negotiations, if any, provided that any proposed settle- ment agreement shall require the unanimous consent of all agencies then party to this Agreement. S. Accounting. The Manager shall receive all funds paid by the Parties pur- suant to this Agreement and shall provide an accounting of all such funds received and expended pursuant to this Agreement. The Manager shall be responsible for the safe- keeping of all such funds. The Administrative Committee shall review, periodically, receipts and expenditures authorized by the Manager and report the results thereof to the Parties. 6. Obligations of the Parties. Each Party shall pay, upon demand, its share of all expenses incurred in the performance of activities hereunder in the amounts called for by this Agreement. The "share" of each of the Parties shall be calculated as follows: One Hundred Percent (100%) of all costs and expenses shall be apportioned among the Parties and each Party shall pay the same percentage of such expenses which that Party's population bears to the population of all Parties. For purposes of apportioning all expenses incurred under this Agreement, the Parties agree that the following table accurately reflects the Parties, the population of each Party and the percent of each Party's population with respect to the population of all Parties: January, 1995 Population (State Dept. Percent of of Finance) Total Oxnard 154,558 24.6 Santa Paula 27,093 4.3 Thousand Oaks 112,600 17.9 Moorpark 27,544 4.4 Simi Valley 103,660 17.0 Port Hueneme 21,772 3.2 San Buenaventura 100,677 16.0 Fillmore 12,872 2.1 Ojai 8,154 1.3 Camarillo 58,472 9.0. In the following events: -4- 000095 (a) Any of the public agencies referred to in the preamble of this Agreement determine not to become a party hereto and declines to execute this Agreement; or (b) Any Party withdraws from this Agreement in the manner set forth in Section 8(a) of this Agreement, the Manager shall recalculate the appropriate share of each Party based upon the figures set forth above and shall notify each Party of the results of that recalculation. 7. Deposit for Fees. Upon execution of this Agreement, each Party shall pay to the Manager the sum listed after the name of each Party, which sum represents each Party's appropriate share of the initial deposit (the "Initial Deposit") for estimated legal expenses: City Amount Oxnard $ 6,150.00 Santa Paula 1,075.00 Thousand Oaks 4,475.00 Moorpark 1,100.00 Simi Valley 4,250.00 Port Hueneme 800.00 San Buenaventura 4,000.00 Fillmore 525.00 Ojai 325.00 Camarillo 2,250.00. All bills and invoices for expenses incurred pursuant to this Agreement shall be directed to the Manager who shall review, audit and, if appropriate, pay the same; provided, however, that the Initial Deposit shall not be exceeded without the consent of all Parties hereto. If the Administrative Committee determines that the Initial Deposit is insuf- ficient to meet estimated or actual legal expenses, it shall seek the consent of all Parties for such additional deposit or deposits (the "Additional Deposit" or "Additional Depos- its") as it deems necessary to carry out the purposes of this Agreement. If the Administrative Committee receives the consent of the Parties to assess an Additional Deposit, it shall calculate the additional amounts due from each of the Parties under the formula set forth in Section 6 above and bill each of the Parties accordingly. Bills of the Parties shall be prepared for each calendar quarter in which activity occurs and shall be payable immediately upon demand to the Manager. 00tO9S -5- , 8. Termination of Agreement. This Agreement shall terminate: (a) As to any Party, at such time as that Party determines not to consent to an Additional Deposit, otherwise only upon the unanimous consent of all Parties hereto; (b) As to this Agreement, in its entirety: (i) When the Litigation is finally resolved by the final judgment of a court of competent jurisdiction or settle- ment; or (ii) When all Parties approve the termination of this Agreement. 9. Disposition of Funds. Upon termination of this Agreement, the Manager shall disburse all funds then remaining to each of the then Parties in amounts equal to the percentage of participation by each of the Parties, as set forth in Section 6 of this Agreement. 10. Amendment. This Agreement may be amended at any time upon the ap- proval of all Parties. • 11. Notices. Notices pursuant to this Agreement shall be in writing and given by personal service upon the Party to be notified or by depositing the same in the cus- tody of the United States Postal Service, or its lawful successor, postage prepaid, ad- dressed as set forth on Exhibit "A" attached hereto and incorporated herein by this reference. Notices shall be deemed given pursuant to this Section 11 upon the day of personal service or two (2) consecutive calendar days following the deposit of the same in the custody of the United States Postal Service. 12. Effective Date. The effective date of this Agreement shall be July 1, 1995. 13. Counterparts. This Agreement may be executed in counterparts which shall be filed with the Manager. 14. Governing Law. The provisions of this Agreement shall be enforced and interpreted in accordance with the laws of the State of California, except that no interpretation of this Agreement shall be based upon the identity of the drafters of this Agreement. 000097 -6- • This Agreement has been executed by authorized representatives of the Parties as follows: CITY OF CAMARILLO, CALIFORNIA By Michael D. Morgan, Mayor APPROVED AS TO FORM: J. Robert Flandrick, City Attorney CITY OF FILLMORE, CALIFORNIA By Linda Brewster, Mayor APPROVED AS TO FORM: J. Roger Myers, City Attorney CITY OF MOORPARK, CALIFORNIA By Paul W. Lawrason, Jr., Mayor APPROVED AS TO FORM: Cheryl J. Kane, City Attorney CITY OF OJAI, CALIFORNIA By Nina V. Shelley, Mayor APPROVED AS TO FORM: Monte L. Widders, City Attorney MOWS -7- fi, *If 1 J. WILLITE • , . S, 084343 i 926 i Stre- .„ - 612 2 Sacramento, • 95814 Telephone: (916)446-5475 3 Fax No: (916) 448-1789 4 Attorney for Petitioners The Planning and Conservation League and 5 Robert Cote 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF VENTURA 9 10 THE PLANNING AND CONSERVATION ) Case No. . 11 LEAGUE, and ROBERT COTE ) ) MEMORANDUM OF POINTS 12 Petitioners/Plaintiffs ) AND AUTHORITIES LY ) SUPPORT OF PETITON FOR . 13 v. ) WRIT OF MANDATE AND ) COMPLAINT FOR INJUNCTIVE 14 ) RELIEF i VENTURA COUNTY TRANSPORTATION ) i 15 COMMISSION and DOES 1 through 10 ) If, ) 16 Respondent/Defendant ) ) ' 17 ) Date: ) Time: 18 THOMAS 0. MAHON, VENTURA COUNTY ) Dept: AUDITOR-CONTROLLER, ) 19 ) Real Party in Interest ) 20 ) 2 1 . 1'7 '',114.--6,),,,/t.„1--4-01 /Filtoi C--Alge.4-tlfetool II , 1- 14 I1)rA , - 25 ._____ir 'c'l 1//a 1- C. 27 Cy 6 ri 28 >. 71 ( ef.A.- 1?1,41—e" 44(4 it,e41 444441061.44,1) es<--