HomeMy WebLinkAbout2019-054Resolution No. 2019-54
RESOLUTION NO. 2019-54
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENTS TO THE PROFESSIONAL SERVICES
AGREEMENTS WITH COLE HUBER LLP AND THE
RETAINER AGREEMENT WITH MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
WHEREAS, on March 2, 2015, the Mayor and City Council adopted Resolution No.
2015-45 with Cota Cole & Huber, now Cole Huber LLP, to provide legal services in cases
seeking enforcement of the City's ban on Marijuana Dispensaries. Council approved an increase
to the attorney's fees cap on December 21, 2015. On December 19, 2016, the City Manager
authorized the First Amendment to Resolution 2015-45. Resolution No. 2016-160 authorized an
increase in the attorney's fees to $150,000; and
WHEREAS, on September 6, 2017, the Mayor and City Council adopted Resolution No.
2017-69 with Cota Cole & Huber, now Cole Huber LLP, to provide legal services for litigation
related to Measure O. Council approved increases to the attorney's fees cap on September 6,
2017, January 3, 2018 and May 2, 2018. The current cap is $175,000; and
WHEREAS, On July 9, 2018, the City executed an agreement with Cota Cole & Huber
LLP, now Cole Huber LLP, to provide legal services relating to a variety of litigation matters
and several transactional matters during a period of transition in the City Attorney's Office. The
original agreement was entered into by the City Manager in accordance with her signature
authority. On December 19, 2018, the City executed an Amended and Restated Professional
Services Agreement and established a not -to -exceed cap on attorney's fees at $150,000; and
WHEREAS, On October 30, 2018, the City executed an agreement with Manning &
Kass Ellrod, Ramirez, Trester LLP to provide legal services on the claim and subsequent lawsuit
of Emma Sanchez et al. The original agreement was entered into by the City Manager in
accordance with her signature authority. The amount expended under this agreement was not -to -
exceed $50,000; and
WHEREAS, the City Council now wishes to amend the aforementioned agreements to
remove the not -to -exceed caps to enable the City Attorney's Office to continue to review the
applicable firm's bills and manage them in accordance with the Office budget and without the
need for further Council action.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
Resolution No. 2019-54
SECTION 2. The City Manager is hereby authorized to execute amendments to the
Professional Services Agreements with Cole Huber LLP, dated March 12, 2015 (marijuana
dispensaries), May 3, 2017 (Measure O), and July 9, 2018 (general litigation, amended and
restated on December 20, 2018) to remove the applicable not -to -exceed limits.
SECTION 3. The City Manager is hereby authorized to execute an amendment to the
Retainer Agreement with Manning & Kass Ellrod, Ramirez, Trester LLP, dated October 4, 2018
(In re: Richard John Sanchez) to remove the applicable not -to -exceed limit.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this ordinance are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City�ouncil d signed by the Mayor and attested
by the City Clerk this 3rd day of April 2019. A
s
40
John Valdivia, Mayor
City of San Bernardino
Attest:
Georgeanilfianna, MMC, ty Clerk
Approved as to form:
Gary D. Saenz, City Attorney
Resolution No. 2019-54
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-54 adopted at a regular meeting held at the 3rd day of April 2019 by the
following vote:
Council Members: AYES NAYS
SANCHEZ
IBARRA x
VACANT
SHORETT
NICKEL
RICHARD
X
MULVIHILL
ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 3rd day of April 2019.
C�-
Georgeann F; anna, MMC, 6ity Clerk