HomeMy WebLinkAbout02/27/2001City Hall
Conference Room A
21660 East Copley Drive
Diamond Bar, CA 91765
Mayor Bob Huff
Mayor Pro Tem Carol Herrera
Council Member Eileen Ansari
Council Member Wen Chang
Council Member Debby O'Connor
Interim City Manager James DeStefano
City Attorney Michael Jenkins
City Clerk Lynda Burgess
Copies of staff reports or other written documentation relating to agenda items are on file
in the Office of the City Clerk, and are available for public inspection. If you have questions regarding
an agenda item, please contact the City Clerk at (909) 860-2489 during', regular business hours.
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the City of Diamond Bar requires that any person in need of any type of special equipment, assistance
or accommodation(s) in order to communicate ata City public meeting, must inform
the City Cleric a minimum of 72 hours prior to the scheduled meeting.
Have •nline access? City Council Agendas are nowon
City of Diamond Bar's web site at www.CityofDiarnondBar.corn
Please refrain from smoking, eating or drinking in the Council Chambers.
The City ofDiamond Bar uses recycled paper and encourages you to do the same.
1. CALL TO ORDER 1:00 p.m., February 27, 2001
PLEDGE OF ALLEGIANCE: Mayor
ROLL CALL: Council Members Ansari, Chang,
O'Connor, Mayor Pro Tem Herrera, Mayor Huff
2. CLOSED SESSION: Government Code Section 54957;
Public Employee appointment - City Manager
3. 3.a PUBLIC COMMENTS: "Public Comments" is the time reserved on
each regular meeting agenda to provide an opportunity for members of the public
to directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda. Although
the City Council values your comments, pursuant to the Brown Act, the Council
generally cannot take any action on items not listed on the posted agenda. Please
complete a Speaker's Card and give it to the City Clerk (completion of this form is
voluntary). There is a five-minute maximum time limit when addressing the City
Council.
3.b RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of
the City Council may briefly respond to public comments but no extended discussion
and no action on such matters may take place.
4. SCHEDULE OF FUTURE EVENTS:
4.1 PLANNING COMMISSION February 27, 2001 - 7:00 'p.m. AQMD
Auditorium, 21865 E. Copley Dr.
4.2 CITY COUNCIL MEETING — March 6, 2001 - 6:30 p.m., AQMD Auditorium,
21865 E. Copley Dr.
5. CONSENT CALENDAR: None
6. OLD BUSINESS: None
7. NEW BUSINESS:
7.1 CONSIDERATION OF TERMINATION OF AGREEMENT WITH RICHARDS,
WATSON '& GERSHON FOR CITY ATTORNEY SERVICES AND
APPOINTMENT OF JENKINS & HOGIN, LLP - MICHAEL JENKINS AS CITY
ATTORNEY FOR LEGAL SERVICES
Recommended Action: It is recommended that the City Council approve
an agreement with Jenkins & Hogin, LLP for legal services.
Requested by: City Manager
8. ADJOURNMENT;
,
Cit} of Diamond Bar
G.-
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177
- Y '
(909) 860-2489 . Fax (909)861-3117
,h•, , .
tyg9 www.CityofDiamondBar.com
SPECIAL MEETING NOTICE `
NOTICE IS HEREBY GIVEN that the Diamond Bar City
Council will hold a special Closed Session and a Special Regular
Session on Tuesday, February 27, 2001, at 6:00 pm., for the purpose of
discussing the following:
CLOSED' SESSION: GOVERNMENT CODE SECTION 54957: ;PUBLIC
EMPLOYEE APPOINTMENT - Consideration of candidates for City
Manager, 4
NEW BUSINESS: CONSIDERATION OF TERMINATION OF
AGREEMENT WITH RICHARDS, WATSON & GERSHON FOR CITY
ATTORNEY SERVICES AND APPOINTMENT OF JENKINS & HOGKIN,
LLP - MICHAEL JENKINS AS CITY ATTORNEY FOR LEGAL SERVICES.
SAID MEETING will be held in Conference Room A of
Diamond Bar City Hall, 21660 E. Copley Dr., Suite 100, Diamond Bar,
California 91765. The public is invited to attend.
Robert S. Huff
Mayon FURTHER INFORMATION maybe obtained at the Office
Carol Herrera' of the City Clerk or by calling (909) 860-2489.
Mayor Pro Tem,
DATED: February 26, 2001
Eileen R. Ansari
Council Member
/s/ Lynda Burgess
Wen Chang Lynda Burgess, Cit
Council Member L Y 9 y Clerk
City of Diamond Bar
Deborah H. O'Connor
Council Member
Faxed; to: Reporter, Bulletin
Reporter, Tribune
Reporter, L.A. Times
Recydedpape•
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, Interim City Manag~
RE: CONSIDERATION OF TERMINATIONVAGREEMENT 'WITH
RICHARDS, WATSON& GERSHON FOR LEGAL SERVICES
AND APPOINTMENT OF JENKINS & HOGIN, LLP (Michael
Jenkins) FOR INTERIM LEGAL SERVICES
DATE: FEBRUARY 27, 2001
ISSUE STATEMENT:
Shall the City Council terminate its legal services agreement with Richards,
Watson & Gershon and enter into an agreement with Jenkins & Hogin, LLP
(Michael Jenkins as City Attorney)?
BACKGROUND:
The City has retained Michael Jenkins of the law firm Richards, Watson &
Gershon (RWG), as City Attorney, since March 1, 1995. Effective March 1, 2001
Mr. Jenkins will no longer be associated with RWG as a result of establishing' a
new firm, Jenkins & Hogin, LLP. Mr. Jenkins will partner with Ms. Christi Hogin
to provide legal services to government. Ms. Hogin is an experienced lawyer
specializing in planning and zoning. She has served as City Attorney for the
Cities of Malibu and Agoura Hills.
The relationship between the City and Mr. 'Jenkins remains positive. The
retention of RWG would require the City to select a new lawyer as the City
Attorney. The attached agreement, if approved, will provide a continuity of
service with 'Mr. Jenkins as our City Attorney. The cost of general legal services
provided by Mr. Jenkins will remain at $135.00 per hour. Jenkins & Hogin, LLP
will provide professional liability insurance in the amount of $1,000,000 per
occurrence. The term of the agreement is proposed to commence on March 1
2001 and shall remain in effect until terminated by either party as described in
the agreement. RWG has agreed to waive the 30 -day notice provision as
described within the existing service agreement.
RECOMMENDATIONS:
1. Authorize notification to Richards, Watson & Gershon to terminate
services effective March 1, 2001.
2. Approve and authorize the Mayor to enter into an agreement with Jenkins
& Hogin, LLP and authorize the Mayor to sign the agreement.
Attachments:
1. Proposed Interim Agreement for Legal Services (Jenkins & Hogin)
2. Existing Agreement for Legal Services (Richards, Watson & Gershon)
Feb 21 ,01 01:36p Christi Hogin [31,1rl 939-1726 p,2
INTERIMAGREEMENT FOR LEGAL SERVICES
FOR THE CITY OF DIAMOND BAR
This Agreement is made and entered into by and between
the law firm of Jenkins & Hogin,LLP (hereinafter "the Firm"), and
she City of Diamond Bar (hereinafter "City")..
R E C I T A LS:
A. The City desires to retain the Firm on an interim basis
to discharge the 'duties `of the office of City Attorney.,
B. The attorneys of the Firm are duly licensed under the
laws of the State of California and are fully qualified to
discharge the duties of the office of City Attorney and to
provide the services contemplated by this Agreement.
NOW, THEREFORE, the parties hereto agree as follows
1. Scope of Services.
The Firm shall discharge the duties of the office of
City Attorney of the City and shall use its best efforts to
provide legal services'in a`competent and professional manner.
The Firm shall provide all legal services to the City of the kind
and nature typically provided by an in-house City Attorney's
office to a municipality, including litigation services,.unless
specifically exempted by this Agreement. The legal services to
be provided by the Firm shall consist of those ;set forth in
Exhibit"A" attached hereto and shall be billed at the rates set
forth therein -or as otherwise agreed by the parties without the
necessity of amending this Agreement:
2. Designation of City Attorney.
Michael Jenkins is designated as City Attorney for the
City. The parties understand and agree that the Firm may, from
time to time, utilize other attorneys within the Firm to assist
Mr. Jenkins in the performance of this'Agreement.
3. Billing' Procedures and Monthly Statements.
A. The Firm shall submit to the City, within
thirty (30) days after the end of each calendar month, an
itemized statement of the professional services provided and the
time expended
n
p those vices in the form customarily
submittednbytheoFirmtoclientsrwhich are billed on an hourly,
basis. The parties acknowledge that payment of all monthly
statements is expected to be made within thirty (30) days of the
billing date.
941212 99903.00001 a1m 0569766 2
I
Feb 01 01e36p Christi`Hogin (3V�-J 939-1726 p,3
B. The Firm will bill the City for items ,such
as, but not limited to, long distance telephone calls, filing
fees, document duplication, computerized legal research, and
similar out-of-pocket expenditures. These items will be
separately designated on the Firm's monthly statements as
"disbursements," and will be billed in addition 't6 the fees for
professional services.
C. Time will be charged by the Firm in
increments of 1/10 of an hour (i.e., six -minute units). The rate
structure for general' services shall not be changed without the
consent :of the City. The rates of particular attorneys charged
for litigation matters, or specialized services, may be increased
from time to time, after written
consent of 'the City. To the
extent feasible, such adjustments will be made so as to coincide
with the beginning of the City's fiscal year.
4. Resolution of Fge 'Disputes.
The City is entitled to require that any fee dispute be
resolved by binding arbitration in Los Angeles pursuant to the
arbitration rules .of the Los Angeles County Bar Association for
legal fee disputes. In the event that City chooses not to
utilize the Los Angeles County Bar Association's' arbitration
procedures, City agrees that all disputes regarding the
professional services rendered or fees charged by the Firm.shall
be submitted to binding arbitration in Los Angeles to be
conducted by the American Arbitration Association in accordance
with its commercial arbitration rules
5. Term of the Agreement.
This Agreement shall commence as of March 1, 2001 and
shall be and remain in full force and effect until terminated in
accordance with the provisions of Section 6 hereof.
6. Termination of the -Agreement:.
City has the right to terminate the Firm's:
representation at any time, without cause, subject to an
obligation to 'give notice in writing to the Firm at least:
thirty (30) stays prior to termination. The Firm has the same
right, subject to an obligation to give to the City written
notice at least ninety (90),days prior to termination so that
City will be able to arrange alternative representation. In
either circumstance, City agrees to secure new 'counsel as quickly
as possible and to cooperate` fully in the substitution of the new
counsel as counsel of record. The Firm agrees to cooperate fully
in any such transition,'' including the transfer of files.
Notwithstanding the termination of the Firm's representation,
City will remain obligated to pay to the 'Firm all fees and costs
incurred prior thereto.'
941212 99903.Od00I cim 0564768 2 — 2 —
Feb 21 01 O1:36p C,hristi Hogin (3VII 839-1726
p.4
7. Files.
All legal files of the Firm pertaining to the City
shall be and remain the property of. City. The Firm will control
the physical location of such legal files during the term of this
Agreement and shall be entitled to retain copies of such files
upon termination of this Agreement.
8. Modifications to the Agreement.
Unless otherwise provided for in -this Agreement,
modifications relating to the nature, extent or duration of the
Firm's professional services to be rendered hereunder shall
require the prior written approval of the City Manager. Any,such
written approval shall be deemed to be a supplement to this
Agreement and shall specify any changes in the Scope of Services
and the agreed-upon billing rate to be charged by the Firm and,
paid by the City.
9. Independent Contractor.
No employment relationship is created by this
Agreement The Firm shall, for all purposes, be an independent
contractor to the City.
10. Nondiscrimination.
In the performance of this Agreement, the Firm shall
not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, sexual
orientation or medicalcondition. The Firm shall take
affirmative action to insure that applicants are employed, and
that employees are treated during their employment, without
regard to their race, religion, color, sex, national 'origin,
sexual orientation or medical condition- Such actions shall
include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff orterminatiop; rates of pay or other forms
of compensation, and selection for training.
11. Assianment and Delegation.
This Agreement contemplates the personal professional
services of the Firm and this Agreement, or any portion thereof,
shall not be assigned or delegated without the prior written
consent of the City. Delegation to attorneys outside the Firm
shall be limited to those situations in which the Firm is
disqualified by virtue of a conflict of interest, or where the
Firm does not possess the expertise to perform services in a
particular practice area. Delegation shall not be made without
the prior approval.of the City Manager. The Firm shall supervise
delegated work, except where precluded from,doing so by virtue of
a conflict of interest, and where otherwise'agreed to by the
parties hereto.
941212 99903-00001 dm,0554768 2 3
Feb 21 01 01s37p Christi Hogin 13L". 939-1726 p.6
EXHIBIT "A"
SCOPE OF SERVICES AND APPLICABLE BILLING RATES
II. GENERAL LEGAL SERVICES
A. The, general legal services to be provided by the Firm
to the City shall include, 'without limitation, the following:
1. Provide routine legal assistance, advice.and
consultation to the City Council and to City staff
relating to land use,�CEQA, general municipal law
issues, enforcement of the Municipal Code,
potential tort liability, risk management, and -
legal issues which do not fall within the
categories of special services listed 'below in
Sections, II, III and IV,.
2. Prepare and review legal opinions, ordinances,
resolutions, agreements and related documents.
3. Review draft environmental impact reports and
related environmental documents.
4. Attend all regular meetings of the City Council,
and such other meetings of the Council and other
City Commissions and Boards and staff meetings ,as
may from time to time be specified by the 'City.
5. Monitor pending state and federal legislation and
regulations, and new case law, as appropriate.
b. Perform such other or additional general legal
services as,may be requested by the City, acting
by and through the City Council or the City
Manager.
B. The general legal services specified in paragraph A
above shall be provided at the rate of $135.00 per hour.
III.; LITIGATION SERVICES
A_ The litigation services to be provided by the Firm on
behalf of the City shall include all litigation matters which'
arise requiring representation of the City unless a specific
litigation matter is assigned to other counsel.
B. The litigation services specified above inparagraphA
shall be billed at the hourly rate of $175 per hour.
IV. SPECIALIZED LEGAL SERVICES
9412I2 99903.00001 CIM 0564798 2 - 5 -
•0
Robert S. Huff
Mayor
Carol Herrera
Mayor Pro Tem
Eileen R. Ansari
Council Member
Wen Chang
Council Member
Deborah H. O'Connor
Council Member
City of Diamond Bar
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91764-4177
(909) 860-2489 • Fax (909) 861-3117
www.CityofDiamondRar.com
SPECIAL MEETING NOTICE
NOTICE IS HEREBY GIVEN that the Diamond Bar City
Council will hold a special Closed Session and a Special Regular
Session on Tuesday, February 27, 2001, at 6:00 p.m., for the purpose of
discussing the following:
CLOSED SESSION: GOVERNMENT CODE SECTION 54957. P BLIC
EMPLOYEE APPOINTMENT - Consideration of candidates for City
Manager
NEW BUSINESS: CONSIDERATION OF TERMINATION OF
AGREEMENT WITH RICHARDS, WATSON & GERSHON FOR CITY
ATTORNEY SERVICES AND APPOINTMENT OF JENKINS & HO KIN,
LLP - MICHAEL JENKINS AS CITY ATTORNEY FOR LEGAL SERVICES.
SAID MEETING will be held in Conference Room A o
Diamond Bar City Hall, 21660 E. Copley Dr., Suite 100, Diamond B r,
California 91765. The public is invited to attend.
FURTHER INFORMATION may be obtained at the
of the City Clerk or by calling (909) 860-2489.
DATED: February 26, 2001
Isl Lynda Burgess
Lynda Burgess, City Clerk
City of Diamond Bar
'ice