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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. In an effort to comply with the requirements of Title R of the Americans with Disabilities Act of 1990 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