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Home My WebLink About28-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNC br\+1 bT W4 L From: Diane C. Roth Sr. Assistant City Attorney Subject: RESOLUTION,RATIFYING THE RETENTION OF ATKINSON, ANDELSON, Dept: City Attorney LOYA, RUDD &ROMO FOR LEGAL SERVICES Date: August 30, 2007 Meeting Date: September 17, 2007 Synopsis of Previous Council action: None Recommended motion: Adopt Resolution. Signature Contact person: Diane C. Roth Phone: 5355 Supporting data attached: Ward: N/A FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: /aSO 75-0262 Agenda Item No 7 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE RETENTION OF ATKINSON,ANDELSON, LOYA, RUDD & ROMO FOR LEGAL SERVICES PROVIDED IN THE CASE OF Evlyn Wilcox v. Kari Verjil(Marianne Milligan, Real Party in Interest), San Bernardino County Superior Court, Case No. CIVSS 705111. BACKGROUND On or about Thursday, August 23, 2007, the City was served with a subpoena for confidential personnel records and notice of an ex parte hearing in the case of Evlyn Wilcox v. Kari Verjil(Marianne Milligan, Real Party in Interest), San Bernardino County Superior Court, Case No. CLASS 705111. There was to be a hearing on Monday, August 27, 2007. The City Attorney had a conflict of interest with regard to this matter. Therefore, the Senior Assistant City Attorney recommended that the City Manager select independent counsel to represent and advise the City on its response to the subpoena. Charter § 241 gives the Mayor and Council authority to hire outside counsel upon the recommendation of and written consent of the City Attorney. However, since there was insufficient time to go to Council before the hearing, the City Manager selected an attorney, and the Senior Assistant City Attorney gave consent to retain the attorney he selected, Irma Rodriguez Moisa of the law firm of Atkinson, Andelson, Loya, Ruud &Romo. Ms. Moisa submitted a retainer agreement to the City on or about Wednesday, August 29, 2007. The rate for her services is $225 per hour,plus reasonable costs. However, in the court hearings on August 27 and 28, the Court issued its final orders in the matter and the subpoena became moot. Therefore, the attorneys' retainer agreement is no longer necessary. However,pursuant to Charter § 241, the retention of the law firm must nonetheless by ratified and the hourly rate must be approved by the Mayor and Council. FINANCIAL IMPACT It is estimated that the total amount of fees will be between $500 and $1,000. RECOMMENDATION Adopt resolution. C (DPY 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE RETENTION OF ATKINSON,ANDELSON,LOYA, 3 RUDD & ROMO FOR LEGAL SERVICES PROVIDED IN THE CASE OF Evlyn Wilcox v. Kari Verjil (Marianne Milligan, Real Party in Interest), San Bernardino County Superior Court, 4 Case No. CIVSS 705111. 5 WHEREAS, The City was served on or about August 23, 2007, with a subpoena for 6 confidential personnel records for a hearing to be held on August 27, 2007, in relation to the case of 7 Evlyn Wilcox v. Kari Verjil (Marianne Milligan, Real Party in Interest), San Bernardino County 8 Superior Court, Case No. CLASS 705111; and 9 WHEREAS,the City, therefore, required immediate legal advice before the matter could 1 o be brought before the Mayor and Common Council; and, 11 WHEREAS, the City Attorney had a conflict of interest with regard to that case which 12 made it necessary to retain independent counsel; and, 13 WHEREAS, the law firm of Atkinson,Andelson,Loya,Rudd&Romo was selected and 14 retained by the City Manager, with the consent of the Senior Assistant City Attorney pursuant to 15 Charter § 241; 16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 17 OF SAN BERNARDINO AS FOLLOWS: 18 SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby 19 approve and ratify the retention of Atkinson, Andelson, Loya, Rudd & Romo for legal services in 2o relation to the case of Evlyn Wilcox v. Kari Verjil(Marianne Milligan, Real Party in Interest), San 21 Bernardino County Superior Court, Case No. CIVSS 705111, at a fee of $225.00 per hour plus 22 reasonable costs, not to exceed the total amount of$1,000.00. 23 24 25 26 27 28 /// . i 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE RETENTION OF ATKINSON, ANDELSON, LOYA, 2 RUDD & ROMO FOR LEGAL SERVICES PROVIDED IN THE CASE OF Evlyn Wilcox v. Kari Verjil (Marianne Milligan, Real Party in Interest), San Bernardino County Superior Court, 3 Case No. CIVSS 705111. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on the_day 7 of , 2007, by the following vote, to wit: s COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 9 ESTRADA lo BAXTER 11 BRINKER 12 DERRY 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 Rachel Clark, City Clerk 1s The foregoing Resolution is hereby approved this_ day of , 2007. 19 20 21 PATRICK J. MORRIS, Mayor 22 City of San Bernardino 23 Approved as to form: 24 JAMES F. PENMAN, City Attorney 25 26 By: iane C. Roth 27 Sr. Assistant City Attorney 28 2 rx ATKINSON,ANDELSON,LOYA,RUUD &ROMO PROFESSIONAL CORPORATION ATTORNEYS AT LAW +r�'i t'7 17871 Park Plaza Drive, Suite 2 CERRITOS,CALIFORNIA 99�P I 1 Pik I= 29 (562)653-3200 (714)82 Billing questions: invoices @aallr'''-i i CIT'{ C3F S CITY OF SAN BERNARDINO AUGUST 31,2007 ATTN:LINN LIVINGSTON INVOICE NO.296725 300 N D STREET,2ND FLOOR CLIENT NO.005119 SAN BERNARDINO,CA 92418 IRM PAGE: 1 This Statement is payable in full upon presentation. Amounts remaining unpaid after 30 days shall be subjected to service charge of 1.0%per month.Annual rate of 12% PLEASE INCLUDE INVOICE NUMBER ON REMITTANCE ENCLOSED PLEASE FIND STATEMENT DATED AUGUST 31,200 ITEMIZING CURRENT PROFESSIONAL SERVICES AND DISBURSEMENTS. MATTER/DESCRIPTION FEES DISB TOTAL WILCOX V.VERJIL-00004 112.50 0.00 112.50 MISCELLANEOUS DISBURSEMENTS-88888 0.00 33.00 33.00 AUGUST BILLING: 145.50 TOTAL AUGUST BILLING: 145.50 Entered into Record at �� D (;r'w 61!CrnVDevCmS Mtg: r rr= oda Item City ClerkICDC Secy City of Sall Bernardino ATKINSON,ANDELSON,LOYA,RUUD&ROMO TAX ID#95-3378600 l O - 1 �� ATKINSON,ANDELSON,LOYA,RUUD &ROMO PROFESSIONAL. :ORPORATION ATTORNEYS AT LAW 17871 Park Plaza Drive, Suite 200 CERRITOS,CALIFORNIA 90703 (562)653-3200 (714) 826-5480 Billing questions: invoices @aalrr.com CITY OF SAN BERNARDINO AUGUST 31,2007 ATTN:LINN LIVINGSTON INVOICE NO.296725 300 N D STREET,2ND FLOOR CLIENT NO.005119 SAN BERNARDINO,CA 92418 IRM PAGE:2 This Statement is payable in full upon presentation. Amounts remaining unpaid after 30 days shall be subjected to service charge of 1.0%per month.Annual rate of 1290 PLEASE INCLUDE INVOICE NUMBER ON REMITTANCE WILCOX V.VERJIL-00004 Date Atty. Hrs. Amt. 08/26/07 REVIEW NOTICE OF DEPOSITION AND ATTACHED IRM 0.50 112.50 DOCUMENTS [CITY OF SAN BERNARDINO] 08/27/07 TELEPHONE L.LIVINGSTON RE STATUS OF IRM 0.00 0.00 COURT PROCEEDINGS[CITY OF SAN BERNARDINO] CURRENT FEES: $ 112.50 FEE SUMMARY NAME INT RATE HOURS AMOUNT MOISA,IRMA,R. IRM 225/hr. 0.50 112.50 FEE SUMMARY TOTAL 112.50 TOTAL MATTER BILLING 112.50 MISCELLANEOUS DISBURSEMENTS-88888 DISBURSEMENTS: 08/24/07 FAX/TELECOPY CHARGES 33.00 CURRENT DISBURSEMENTS $33.00 TOTAL MATTER BILLING 33.00 TOTAL CURRENT FEES 112.50 TOTAL CURRENT DISBURSEMENTS 33.00 AUGUST BILLING 145.50 ATKINSON,ANDELSON,LOYA,RUUD&ROMO TAX ID#95-3378600 y} ATKINSON,ANDELSON,LOYA,RUUD&ROMO PROFESSIONAL CORPORATION ATTORNEYS AT LAW 17871 Park Plaza Drive, Suite 200 CERRITOS,CALIFORNIA 90703 (562)653-3200 (714) 826-5480 Billing questions: invoices @aalrr.com CITY OF SAN BERNARDINO AUGUST 31,2007 ATTN:LINN LIVINGSTON INVOICE NO.296725 300 N D STREET,2ND FLOOR CLIENT NO.005119 SAN BERNARDINO,CA 92418 IRM PAGE:3 This Statement is payable in full upon presentation. Amounts remaining unpaid after 30 days shall be subjected to service charge of 1.0%per month.Annual rate of 12% PLEASE INCLUDE INVOICE NUMBER ON REMITTANCE PREVIOUS BALANCE 0.00 BALANCE DUE 145.50 ACCOUNT STATUS TEROUGH THIS STATEMENT CURRENT 1 MONTH 2 MONTHS 3 MONTHS 4&OVER 145.50 0.00 0.00 0.00 0.00 ATKINSON,ANDELSON,LOYA,RUUD&ROMO TAX ID#95-3378600