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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: April 2, 2004
ORiGINAL
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino Approving Agreement with
Special Legal Counsel Regarding
Community Facilities District No. 1033.
From: Fred Wilson, City Administrator
Dept: City Administrator
Meeting Date: 4/19/2004
Synopsis of Previous Council Action:
09/02/03 - Mayor and Common Council authorized staff to proceed with preparation of documents and
appropriate Municipal Code amendments to impose a special tax district for the operation and
maintenance of the proposed Verdemont Fire Stanton on new development only.
12/15/03 - Resolution was approved by of the Mayor and Common Council of the City of San Bernardino
declaring the intention to establish a community facilities district for the ongoing operation and
maintenance of a fire station for the Verdemont area.
Recommended motion:
Adopt Resolution.
'frwb {J~ (& 16)
Signature
Contact person: Teri Baker
Phone:
5122
Supporting data attached: Staff Report & Resolution
Ward:
5
FUNDING REQUIREMENTS:
Amount: None
Source: (Ace!. No.)
(Ace!. Description)
Finance:
Council Notes:
~ .,jl-zco<l- 10(,
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Agenda Item No. l3
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
A Resolution of the Mayor and Common Council of the City of San Bernardino
Approving Agreement with Special Legal Counsel Regarding Community Facilities
District No.1 033.
Back2found:
The Mayor and Common Council have been provided a Resolution pursuant to the
"MeIlo-Roos Community Facilities District Act" (Government Code Section 5331 I et
sea., the "Act"), which directs the appropriate Staff members to study the area of the
proposed fIre station operations Community Facilities District ("CFD No. 1033"), which
the City is in the process of forming to serve the Verdemont Area. That resolution also
calls for the preparation of a report, a map of the CFD No. 1033 boundaries, and further
directs Staff to cause the preparation of all necessary environmental documentation in
connection with the inclusion of property by participating owners and developers in CFD
No. 1033, in accordance with the California Environmental Quality Act ("CEQA").
In order to facilitate the preparation of the report, the map, and the environmental
documentation, this Resolution Approving Agreement with Special Legal Counsel
authorizes the retention of the special legal consultant in accordance with the terms of the
Legal Services Agreement concurrently presented to the Mayor and Common Council.
Fiscal Impact:
All the formation costs will be borne by the Development Services department's
professional and contractual account and reimbursed by the District. These costs include
the estimated cost for retaining the Special Legal Consultant, at an amount not to exceed
$12,000, as set forth in the Legal Services Agreement. In the future, when a developer
wants to annex, he will advance the funds up front so the City has no out of pocket
expenses.
Recommendation:
Adopt Resolution.
4842-0187-8272.1
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RESOt,ON\[ "1
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING AGREEMENT WITH SPECIAL LEGAL COUNSEL
REGARDING COMMUNITY FACILITIES DISTRICT NO. 1033
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
corporation and charter city, duly organized and existing pursuant to the provisions of the
Constitution of the State of California; and
WHEREAS, the City has determined to commence proceedings to establish a
community facilities district ("Community Facilities District No. 1033," or "CFD No. 1033'')
pursuant to the terms and provisions of California Government Code Section 53311 et seq.,
sometimes commonly referred to as the "Mello-Roos Community Facilities District Act" (the
11 "Act"); and
12 WHEREAS, the City now desires to approve the execution of an agreement with special
13 legal counsel to enable the City to pursue said proceedings.
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NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE
15 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
16 FOLLOWS:
17
Section 1.
The above Recitals are tme and correct in all respects and are incorporated
18 herein by reference.
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Section 2.
The law firm of Lewis Brisbois Bisgaard & Smith, LLP is hereby selected
20 as Special Legal Counsel for purposes of enabling and assisting City staff with respect to the
21 p~oceedings relative to CFD No. 1033, in accordance with the Professional Services Agreement,
22 attached and incorporated herein as Exhibit "A". The Mayor is hereby authorized and directed
23 to execute said Agreement.
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Section 3.
This resolution shall take effect immediately upon its passage.
AJO,.;t3
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HEledlLegConsultantVerd.Res 1033
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I A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING AGREEMENT WITH SPECIAL LEGAL COUNSEL
2 REGARDING COMMUNITY FACILITIES DISTRICT NO. 1033
3
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2004, by the following vote, to wit:
NAYS
ABSTAIN
The foregoing resolution is hereby approved this
ABSENT
City Clerk
day of
,2004.
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Judith Valles, Mayor
City of San Bernardino
Approved as to
22 Form and legal content:
23 JAMES F. PENMAN,
City Attorney
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By: !l-t....-J;:1.. A-
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HEledlLegConsultantVerd.Res 1 033
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2 Regarding Community Facilities District No. 1033
3 1. The CITY OF SAN BERNARDINO (hereinafter "CITY") and the law firm of
4 LEWIS, BRISBOIS, BISGAARD & SMITH, LLP (hereinafter "LBB&S") are the parties to this
5 Agreement.
6 2. LBB&S will be acting as Special Legal Counsel for the purposes of assisting City
7 staff relative to the formation of Community Facilities District No. 1033.
8 3. LBB&S shall be paid at the hourly rates set forth below:
9 Attorneys, Partner - $140 per hour;
10 Attorneys, Associate - $120 per hour;
II Law Clerks - $100 per hour; and,
12 Paralegals - $80 per hour
13 The amounts expended under this agreement for attorneys fees shall not exceed
14 $12,000.00 without further approval of the Mayor and Common Council.
05 4. Bills shall be submitted at least quarterly.
16 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging,
17 mileage and related travel costs shall be itemized when submitted to the CITY for reimbursement.
18 LBB&S may include a single charge in an amount not to exceed four percent (4%) of fees in lieu of
19 reimbursement for photocopying, telephone charges, and postage.
20 6. Ifattorney's fees are charged "portal to portal" (e.g., from office to City and return),
21 then LBB&S shall not be entitled to reimbursement for mileage and parking fees.
22 7. LBB&S shall obtain approval from the CITY to retain expert consultants and other
23 professionals for purposes related to the subject matter of this Agreement. LBB&S may, if it
24 chooses, pay the fees and charges of such consultants and seek reimbursement from CITY on its
25 periodic statement, or it may forward the consultant's bill to CITY with a request that the CITY pay
26 it directly. Consultants shall not bill the CITY directly without prior approval of the CITY'S Finance
27 Department. The costs of said expert consultants and other professionals shall not be included in
28 the limit for attorney's fees specified in Section 3.
C
PROFESSIONAL SERVICES AGREEMENT
Heled[CommFacDistl033.PSA]
I
Exhibit A
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8. Status reports will be submitted to CITY through the City Attorney's Office whenever
requested by the City Attorney's Office.
9.
Copies of all opinions, reports, correspondence, and other documents regarding this
4 subject matter shall be provided to the City Attorney's Office which may reproduce same and
5 provide copies to other City staff.
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9 documents.
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No client development costs are to be included in billings.
No continuing education expenses are to be included in billings.
Final billing shall be accompanied by copies of any final reports and any other final
13.
14.
IS.
Either party may terminate this contract at will.
LBB&S is an independent contractor as to the CITY.
LBB&S shall maintain the following types of insurance with limits as shown:
a)
Workers Compensation as required by the laws of the State of California,
including Employment Liability with $250,000 limits covering all persons providing
service on behalf of LBB&S and all risks to such persons under this Agreement.
LBB&S shall require its Workers Compensation carrier to waive all rights of
subrogation against the CITY and its officers and employees and any others for
whom services are being provided under this Agreement.
b)
Comprehensive General and Automobile Liability Insurance coverage to
include contractual coverage and automobile coverage for owned, hired and non-
owned vehicles. The policy shall have at least a combined single limit of$1 ,000,000
for bodily injury and property damage.
c)
Professional Liability Insurance with limits of at least $1,000,000 per claim.
In lieu of naming the CITY as an additional insured, the policy may be endorsed as
follows:
"Insurance coverage afforded by this policy shall also apply
to the liability assumed by the Insured under the Agreement with the
CITY OF SAN BERNARDINO for legal defense services, provided
such liability results from an error, omission or negligent act of the
insured, its officers, employees, agents, or subcontractors. All other
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provisions of this policy are to remain unchanged."
LBB&S shall furnish certificates of insurance and certified copies of all policies and
endorsements to the City Attorney's Office evidencing the insurance coverage above required prior
to the commencement of performance of services hereunder, which certificates shall provide that
such insurance shall not be terminated or expire without thirty (30) days written notice to the City
Attorney's Office, and shall maintain such insurance from the time LBB&S commences performance
of services hereunder until the completion of such services.
All policies, with respect to the insurance coverage above required, except for the
Workers Compensation insurance coverage and professional liability coverage, if applic!lble, shall
obtain additional endorsements naming the CITY and all parties represented under this Agreement,
their employees, agents, volunteers and officers as additional named insured with respect to
liabilities arising out of the performance of services hereunder.
All policies required above are to be primary and non-contributing with any insurance
or self-insurance programs carried or administered by the CITY or other parties represented under
this Agreement.
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All communications and billings to the CITY are to be directed as follows:
City Attorney's Office
CITY OF SAN BERNARDINO
300 North "0" Street
San Bernardino, CA 92418
,2004
LEWIS, BRISBOIS, BISGAARD & SMITH, LLP
By: Timothy J. Sabo
,2004
CITY OF SAN BERNARDINO
By: Judith Valles, Mayor
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16 Approved as to form and
legal content:
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18 JAMES F. PENMAN,
City Attorney
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20 By: ~~ 4.
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CITY OF SAN BERNARDINO
Interoffice Memorandwn
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
April 26, 2004
TO:
Teri Baker, Senior Administrative Analyst
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Docwnents for Signature - Resolution 2004-106
At the Mayor and Common Council meeting of April 19, 2004, the City of San Bernardino
adopted Resolution 2004-106 - Resolution approving agreement with special legal counsel
regarding Community Facilities District No. 1033.
Attached is one (I) original agreement. Please obtain signatures in the appropriate location and
return one original agreement to the City Clerk's Office as soon as possible, to my attention.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby ackno dge receipt of the above mentioned docwnents.
Signed:
Date:
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Please sign and return
LEWIS BRISBOIS BISGAARD & SMITH LLP
ATTORNEYS AT LAW
650 EAST HOSPITALITY LANE, SUITE 600, SAN BERNARDINO, CA 92408
PHONE: 909.387.1130 I FAX: 909.387.1138 I WEBSITE: www.1bbslaw.com
May 11, 2004
FILE No.
25426-16
Teri Baker
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
Re: Professional Services Agreement - Community Facilities District No.1 033
Dear Ms. Baker:
Enclosed is the executed original Professional Services Agreement Regarding Community
Facilities District No. 1033.
Very truly yours,
--{1~~~0
Carol Tuchfarber, Secretary
Los ANGELES
213.250.1800
SAN FRANCISCO
415.3622580
SAN DIEGO
619.233.1006
COST A MESA
714.545.9200
SAN BERNARDINO
909.387.1130
SACRAMENTO
916.564.5400
NEW YORK
212.232.1300
LAS VEGAS
702.893.3383
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 17, 2004
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-106 - Lewis, Brisbois, Bisgaard & Smith
CC:
Attached is a fully executed copy of the agreement with Lewis, Brisbois, Bisgaard & Smith
regarding Community Facilities District No. 1033. The original agreement is on file in the City
Clerk's Office.
If you have any questions, please call me at ext. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): A-\'j. aLl Item # ~~ Resolution #
Vote: Ayes I. L, Lj- ') Nays 3, Abstain -tr
'2Cx:f\- 10<0
Absent -G-
Change to motion to amend original documents D
Companion Resolutions
NulVV oid After:.er days / -&
Resolution # On Attachments: D Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
Date Sent to Mayor: .4.- 2.0 -d\-
Date of Mayor's Signature: 4- '2.'V04
Date of Clerk/CDC Signature: '\- "2Z.. -04
Reso. Log Updated:
Seal Impressed:
B--
Q..-
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
"\- Zb -o-ll Date Returned: !r n -o\.f Not Returned: D
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes ,/ No By
Updated Prior Resolutions (Other Than Below): Yes NoL- By
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634): Yes NoL- By
Updated CDC Personnel Folders (5557): Yes No-L By
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No / By
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Copies Distributed to:
Animal Control D EDA D Information Services D
City Administrator 0' Facilities D Parks & Recreation D
City Attorney ff Finance Ia' Police Department D
Code Compliance D Fire Department D Public Services D
Development Services D Human Resources D Water Department D
Others: 3R.-
Notes:
Ready to File: _
Date:
Revised 12/18/03