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Home My WebLink AboutR02-Redevelopment Agency R~VELOPIENT NJ8If::Y.~ST FOR ~/COUNCL AcflON 'om: - Glenda Saul, Executive Director Subject: INTERIM LEGAL SERVICES AGREEMENT Dept: Redevelopment Agency Date: April 24, 1987 Synopsis of Previous Commission/Council action: 4/20/87 Motion to approve Resolution for interim legal services Recommended motion: (COMMUNITY DEVELOPMENT COMMISSION) ~ Resolution of the Community Development Commission authorizing the Chairman '-r and Secretary to execute an interim agreement with Tim Sabo of Sabo & Dietsch lawfirm to provide legal services for the Redevelopment Agency of the City of San Bernardino, and Rescinding motion made April 20, 1987 relating thereto. /&~t/~ .~J Signature Contact person: Glenda Saul Phone: 383-5081 All Supporting data attached: YES Ward: FUNDING REQUIREMENTS: Amount: $ N/A Project: All Date: April 30, 1987 No adverse Impact on City: ~ ......uncil Notes: Agenda Item No. #-.:} -- ~ ~ ~ ~....) ~ REI)IIVEI MIII.NT AGl!NCY- QUl!ST FOR ~/COUNCIL ACTION - STAFF REPORT Staff is recommending that the motion made on April 20, 1987, relating to interim legal services be rescinded and that the attached resolution be adopted clarifying the intent of the staff and Commission. BACKGROUND On April 20, 1987, the following resolution title was read, moved and adopted: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE AN INTERIM AGREEMENT WITH TIM SABO OF SABO & DIETSCH LAWFIRM TO PROVIDE LEGAL SERVICES FOR THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. During the vote a copy of a letter telecopied to staff immediately preceding the meeting was handed out to the Commission from Timothy Sabo's office, It is unfortunate that the timing of the telecopy did not allow careful review for verification of its contents. - '- The intent of our request was to prevent the lag of Agency legal services during this very critical period. On Friday very basic discussions were held with Mr. Sabo and various concepts were tossed around. Mr. Sabo conveyed that he could provide the service but only on an interim basis, Discussion revolved around the shortfall of attorneys with experience in redevelopment law and drafting of the various agreements particularly in our case where the preparation of agreements is in such vo1umn and timing is so critical to deal making and agenda preparation. Foremost in staff's mind were projects such as the UDAG, Hotel, Court and E, and Operation Second Chance, to name only a few. We did not receive official notification from Mr, Briggs until Tbursday, April 16, 1987 that he would be leaving on April 30, 1987 and the next Commission meeting would be May 11, 1987. We also understood that other attorneys were leaving the City Attorney's Office. Our action placing the item on the Supplemental Agenda the following day (by 11:00 A,M.) was done to provide a continuation of legal services. On Monday, following the Commission meeting the miscommunication with Tim Sabo was discovered. On Wednesday, I had a meeting with the Mayor and City Attorney elect Jim Penman. During this meeting it was agreed that we would be preparing an agenda item for the May 11, 1987 meeting clarifying the issue. The resolution before you will provide us with interim legal services. As discussed with Mr, Penman, it is staff's intent over the next two to four months to prepare a recommendation for your review as to which direction we should take insofar as legal services are involved. During this period of time we will evaluate with Mr. Penman's assistance whether we should contract with the City Attorney's office, hire an on staff attorney or enter into a contractual arrangement with an outside firm. It is too early in the game to draw those conclusions at this point. _. Based upon a recent memorandum from our legal counsel, A1 Briggs, confusing further the intent of the action, I felt it imperative to bring this item before you as quickly as possible. ..... 0636S/GS April 30, 1987 c '- c c ,-~ '-' ..-' j 1 2 3 4 5 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT FOR INTERIM LEGAL SERVICES BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE LAW FIRM OF SABO AND DEITSCH, A PROFESSIONAL CORPORATION. WHEREAS, the Redevelopment Agency of the City of San 6 Bernardino (the "Agency") has requested that the law firm of i Sabo and Deitsch, a professional corporation (the "Firm"), 8 submit to the Agency a proposal for the provision of interim 9 legal services until such time as the Agency makes a 10 determination concerning the provision of permanent legal 11 services; and 12 WHEREAS, the Firm has submitted the proposal attached 13 hereto as Exhibit "A"; and 14 WHEREAS, it is reasonable and appropriate for the Community 15 Development Commission of the City of San Bernardino, on behalf 16 of the Agency, to approve said proposal. Ii BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. The Community Development Commission of the City of San Bernardino, on behalf of the Agency, hereby approves the proposal to provide interim legal services, as attached hereto as Exhibit "A". SECTION 2, The Chairman and Secretary of the Community Development Commission of the City of San Bernardino are hereby authorized and directed to execute for and on behalf of the Agency the agreement which approves and embodies the proposal, as set forth in Exhibit "A". c - - '-' r- \"". ",,".' -"', - ...I 1 SECTION 3. The Community Development Commission of the 2 City of San Bernardino hereby rescinds the approval of the 3 motion made at its meeting on April 20, 1987, pertaining to the 4 provision of interim legal services by the law firm of Sabo and 5 Deitsch, a professional corporation. 6 SECTION 4. This resolution shall take effect upon adoption. 7 8 Dated: 9 Approved as to form: 10 AGENCY COUNSEL 11 12 By Allen R. Briggs 13 The foregoing resolution was duly adopted by the following ( "- '''''- -- '--' ." SABO " DEITSCH "- Ii. l'IIOftMIUNAL rMPOIIA"UN AT'I'ORJlleva AT lAW lIUl'I'l400 _ CANOGA AVW!iUI WOODLAND BIUA CALlPOIlNIA '1*,7 .,1I7lI4oO,. 'I'&LIICOPID .u. nwftl April 24, 1987 Bonorabl. Chairun IIId llIIIbera of the C_ity IItnloplllllt eo.llaiOll of the Ci t1 of Sill Bernardino 300 lorth "0" Street Sill Bernardino, Calilornia 92418 Dear lonorable Malber.: ,"""'" I"".; Thll Firm II pleued to .ublllit thh propo.a1 for cOIIIideratlon by the COIlBIIIlity Development C_i..ion of the City of San Bernardino (th. 'COIIIlllaiOll") on behalf of the Rede'lllopaent Aceney of the City of Sill Bernardino (the "!aeney") in cOIlIlectlOll vith providiDa Inted. Aleney Attorney IIrvim to the Aleney. In reaponae to JOur reque.t, thi. Firm propo... to provide Interim Acllley Attomey .."ie.. ill eOlllleetion vith the leneral repreaentetion of the Alency 1Illtll .uch Ule u . full-tile Aleney Attomey hIa been aployed or \IIIt1l nch tile II the Aleney direCtl thll rira to c.... pro'idiDa .uch Interia Aleney Attorney 1,"lcea. AI latera Aleney Attorney, thh rim would 1lIldertake to prepare all necell'f7 relolutiOlll, ordinance. IIId such other documentl .s may be delled nemaary I to participete in dllcualiOlll IIId to .d,he the Aleney on other litter. u requir.d by the Aleney. Our le"icea would inelude .ttlll4l11ee .t .11 Alency I..tilll', executive ....iolll and neloti.dlll a..tillll between the Aleney St.ff and third partlea, I"""" '- ror the Intera Aleney Attorney ""ieea .1 eet forth .bove, the fill for 1qal le"iees of thi. rira .hall be baled on the hourly rate of $135.00 per hour for prineip.l .ttorney., $100.00 per hour for ...oeiate .ttorney. and $60.00 per hour for l.v club and lell1 IIs1atlllts, In addition. thb rlno .h.n be cOIl\l.....tad on lIon.hl)' .......n.. fot .he ~.4 c - _./ "' XEROX TELECOPIER 295; 4-24-87; 2:46 PM; 00 . 7148889413 ; .. 2 , - .... 2 feel II Ibm let forth lIIl4er Ilplrlte bUlilll1 for Interll Alene)' Attorney II"ie'l plua out-of-pocket expenael for IUch it... el trani, lOlll-diltanee telephone call., ....lII&er ""ie., apm. delivery .e"iee., teleeopyillS, photoeopyillS, word proee..ill& char.el, .eeretarial and clerical .taff omtll. and other IiIUar iteu plua .dllillbtret1ve eOltl "Iociated with IUch out-of-pocket apenael, c Intera Alent)' Attornt7 .e"ieee to the Alent)' would allO iIlclllde I'A'I itell re1eted directll to the adoption of redeYelollllent plena, liti.ation, neaotiatiODl and draftiDl of owner participation ..reaente or other d1epoe1t1on and developllllt ..rellltnte or opiniona II r.qullted by the Alent)'. the .bove .et forth fee .ehedule doee not iIle1ude I'A'I Iond COUDIel feee In cOll1lection with the ill1llllee of I'A'I bonde, not.. or other fOrM of indebtedDe.. by the Alent)' ill furtherance of redevelol'Jlllt .cUviti.. of the Aleney. If the te1'llll of th1e IIplOJltllt aareatllt .re a.tiaraetory, pl.... indicate by appropriate .etion of the AlIIICY author1ziDl the Cbairllll IIId Secretlr, to aecute the acceptlllce hereof ill the fom proTided h.rein, and retum an executed copy to thb office, V.r, truly ,oura, IABO , RItSCH . .IOFZSSIOm COIPOIATIOII $~ \ j,! r~;; J.~&~ TJI:1Ib /23178 - .i",.. c.. '--- c -- "- Pile 3 '-' --' "~ Pur.uant to official action of the Commity Development COIIIbs1on of the City of San Bernardino act1D& on behalf of the iedeve10lllent Agency of the City of San Bernardino, Sabo & Deitsch, I Professional Corporation, i. hereby employed in accordance with the terms and proTi.lone of the forelo1D& letter, DADD: , 1917 UDIVILOPMBB'l' AGUe! or DE CITY or SA! BlRWDllO ~ By: Chall'lll1 (SIAL) AmST: By: Secretary 2387S