15-0616_RUTAN & TUCKER, LLP_Agenda Report_F196/16/2015
F19
City of San Juan Capistrano
Age da Report
TO: Honorable Ma
FROM: Karen P. BrusttU!nit-.A'Manager
Prepared by: Russell, Chief Financial Officer/City TreasurerCJZ-
DATE: June 16, 2015
SUBJECT: Consideration of an Amendment to Agreement for Provision of City
Attorney Services for the Transition of Legal Matters (Rutan & Tucker,
LLP)
RECOMMENDATION:
By motion, approve an Amendment to the Agreement for Provision of City Attorney
Services with Rutan & Tucker for the transition of legal matters and waiving the thirty
(30) day termination provided in the existing agreement with Rutan & Tucker, LLP.
EXECUTIVE SUMMARY:
As authorized by City Council on April 21, 2015, the Amendment to the Agreement for
Provision of City Attorney provides for Rutan & Tucker, LLP legal services on an interim
basis to assist with the transition of legal matters as determined by the City Manager
while at the same time waiving the thirty (30) day notice of termination provision in the
existing agreement.
DISCUSSION/ANAL YS!S:
Not applicable.
FISCAL IMPACT:
It is anticipated that there is sufficient funding in Fiscal Year 2014-15 Amended Budget
to cover these transition costs.
ENVIRONMENTAL IMPACT:
Not applicable.
City Council Agenda Report
June 16, 2015
Page 2 of2
PRIOR CITY COUNCIL REVIEW:
• On July 17, 2012, City Council approved the Agreement for the Provision of City
Attorney Services with Rutan and Tucker, LLP,
• On April 21, 2015, the City Council approved the Agreement for Legal Services
with Best, Best & Krieger, LLP; terminated Rutan & Tucker, LLP as City Attorney
and authorized the City Manager to negotiate an agreement with Rutan &
Tucker, LLP,
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
Rutan & Tucker, LLP
ATTACHMENTS:
Attachment 1 -Minutes of April21, 2015, City Council meeting
Attachment 2 -Amendment
Attachment 3-Agreement for the Provision of City Attorney Services (Rutan & Tucker)
17.
ROlLCALl:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
COUNCIL MEMBER: Allevato
COUNCIL MEMBER: None
LEGAL SERVICES AGREEMENT WITH BEST, BEST & KRIEGER, LLP,
APPROVED; AND RUTAN & TUCKER, LLP TERMINATED AS CITY
ATTORNEY; AND CITY MANAGER AUTHORIZED TO NEGOTIATE A
TRANSITIONAL AGREEMENT WITH RUTAN & TUCKER, LLP (600.30)
PUBLIC HEARINGS: None.
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
ORDINANCES:
1. ORDINANCE 1022 ADOPTED AMENDING TITLE 4, CHAPTER 9,
PERTAINING TO THE CONDUCT OF COMMERCIAL FILMING IN THE CITY
OF SAN JUAN CAPISTRANO TITLED "COMMERCIAL FILMING ACTIVITIES"
(585.95)
Maria Morris, City Clerk provided an agenda report and read the title of the
ordinance.
• Public Comments: Eva Crabbs, City resident; and Jeff Vasquez, City resident.
Council Action: Moved by Council Member Perry, seconded by
Council Member Allevato, and carried unanimously to approve the second
reading and adoption of Ordinance 1022 entitled "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 4, CHAPTER 9, PERTAINING TO THE CONDUCT OF
COMMERCIAL FILMING IN THE CITY OF SAN JUAN CAPISTRANO TITLED
"COMMERCIAL FILMING ACTIVITIES;" and bring back at the next meeting the
Still Photography Annual Permit Fee Resolution.
COUNCILMANIC ITEMS:
1. MAYOR AUTHORIZED TO EXECUTE HIS REVISED LETTER EXPRESSING
OPPOSITION FOR THE SAN DIEGO GAS AND ELECTRIC COMPANY'S
SOUTH ORANGE COUNTY RELIABILITY ENHANCEMENT PROJECT; AND
STAFF DIRECTED TO FORWARD THE LETTER SEPARATELY TO THE
ORANGE COUNTY BOARD OF SUPERVISORS; MISSION HOSPITAL;
CAPISTRANO UNIFIED SCHOOL DISTRICT, INCLUDING LOCAL SCHOOLS;
ADJACENT CITIES; AND LOCAL BUSINESSES WHO HAVE VOICE SUPPORT
FOR THE RELIABILITY ENHANCEMENT PROJECT (430.30)
• Public Correspondence: Dawn Fusco, City resident; and Mayor Reeve.
6 4/21/2015
ATTACHMENT 1 -Page 1 of 1
n
n
n
AMENDMENT TO AGREEMENT FOR PROVISION
OF CITY ATTORNEY SERVICES
THIS AMENDMENT is made and entered into as of the 1st day of May, 2015, by and
between the City of San Juan Capistrano, a California mllilicipal corporation (the "CITY") and
Rutan & Tucker LLP, a California limited liability partnership ("ATTORNEY").
A. CITY has appointed a new City Attorney and asked ATTORNEY to assist with
the transition of legal matters, while at the same time waiving the 30-day notice of termination
provision in the existing agreement.
B. CITY and ATTORNEY desire to identify the areas of ATTORNEY's
responsibilities for provision oflegal services and the compensation to ATTORNEY.
Based upon the foregoing Recitals and for good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, CITY and ATTORNEY hereby agree as
follows:
l. Article 1 is deleted in its entirety effective May 1, 2015.
2. Section 2.1 is amended as follows:
2.1 ATTORNEY shall provide legal services on an interim basis on those
matters as determined by the City Manager.
3. Section 3.2 is deleted in its entirety.
4. Section 4.1 is amended as follows:
4.1 CITY shall compensate ATTORNEY FOR Services as provided herein.
CITY shall compensate ATTORNEY for Services at the composite rate of $355.00 per
hour and paralegal services at a rate of $75.00 per hour to $200.00 per hour, plus
reimbursable costs.
5. Section 4.2 is deleted in its entirety.
6. Section 5.1 is amended as follows:
5.1 ATTORNEY is an independent contractor and not an employee of CITY
and neither CITY nor any of its employees shall have any control over the conduct of
ATTORNEY or any of ATTORNEY's employees, except as herein set forth, and
ATTORNEY expressly warrants not to, at any time or in any manner, represent that
ATTORNEY, or any of ATTORNEY's agents, servants, or employees, are in any manner
agents, servants, or employees of CITY, it being distinctly understood that said
ATTACHMENT 2-Page 1 of 2
ATTORNEY is and shall at all times remain as to CITY a wholly independent contractor
and that ATTORNEY's obligations to CITY are solely such as are prescribed by this
Agreement.
7. Section 6.1 is amended as follows:
6.1 Either party may terminate this Agreement upon providing the other
written notice prior to termination. ATTORNEY may terminate this Agreement on the
giving of written notice to the other of such termination. ATTORNEY will comply with
all obligations required of it pursuant to the State Bar Act in connection with such
termination and the transition to replacement counsel, and ATTORNEY shall be
compensated for its costs and services rendered through the completion of any such
transition.
8. Section 7.5
Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf
of said parties and that in so executing this Agreement the parties hereto are formally
bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
executed with all the formalities required by law on the date first written above.
Attest:
Maria Morris, CMC, City Clerk
Approved as to form:
Jeff Ballinger, City Attorney
"CITY"
CITY OF SAN JUAN CAPISTRANO
By: ____________________ _
Derek Reeve, Mayor
ATTORNEY"
RUTAN & TUCKER, LLP
By:------------
Hans Van Ligten, Partner
ATTACHMENT 2-Page 2 of 2
solicited prc>po:sals and coJ:IdtiC!(!d irt!ervie:ws with""'''""" nod
ch<oseco Attorney to provide
Based upon the Recitals and
and which is hereby aclm!!W]ledge<:l,
follows:
235 /090999"(10? 4
Jl4082U: ¥07/l Ul2
Attorne)IS as necessary to perfonn
At:ton1ey to act in the "n11"ritv
SUbjeCt to
as
as any
serve as City Attorney for
the work
City
ATTACHMENT 3 -Page 1 of 8
an a.s-:reqnested
and pnJv!Mvu
3.2
235!090999-fJU74
5t4\\h-'21 .2 s.ll7/t I /12
be pedorrned
persormel eo~:ag<:u in
peJ:m:itted under applicable state and local law
comply with all applicable
shaH provide fu!.l
extent nec.essary to enable
requixed
ATTORNEY shall be
nonlegal
state laws,
at for ATTORNEY's use
shall he wired for access to
res:eru•·ch as may be n~:~~s~~~;~~~j~y~
nm.vidlc at its expense such legal books
time to the no:rmal hud!le!:Jry process.
-2-ATTACHMENT 3-Page 2 of 8
4
4.1 CITY
for Retair1er Services at a. rate of
month, conapensate ATTORNEY Non-
t<eeum:~er Se.·vi<:cs at the composite rate $22:9.00 per hour at a rate of
hour to $200.00 hour, plus reim.hursablc costs. rate tor Retainer
SP''"''''"'c shall apply of number hours of actually provided. The
montbly rate for Retainer and the hourly rate Non-Rctniner sha!l apply to
all ofthe attotney perlfom:ling
4.2 For the purposes
at on ai!emoons of regular
oil:ice hours at Hall once per
for to
atte•nda.nce at all rcgtJiar
:;ec•twn 2.1
CITY
rates shall occur on an annual an
'-"''''"'·"u"' Price
the u -monm
' 135iO'J9909-0074
Jt40S2:U nO!/! 1t11 -_)-ATTACHMENT 3-Page 3 of 8
totalm<mtlhly c.h}l;rf>P c.osts
and costs due to ATTORNEY
5.1
5.2 This
ATTORNEY's
6.1
the
it is by the
this was, and
ATTORNEY's erm1lovees.
pay an
ren1ztln as
arc solely
commence on the date first written and
termirml:ed by either party pmsuaut the terms of
7.1
the same in a
1.1 )!1J'JY999AXl74
314DB2l1 ufl7/l J/l2
teruunalle upon thirty
Ag;re<:m(ml. on the
compensated for cos1s
-4-ATTACHMENT 3-Page 4 of 8
Iu
or recruit111.ent advettisin:g;
and selection including apprtmtice:ship.
7.4
exce1.1t by vvTitten
parties hereto warrant that they are duly am11onz<o<l
par!1<:s and that in so "'·"'~'"u.rg
of
2J5/09999\,qH)74
3140SZL2 t~D7!11/l2 -5-
re<:ne:,ct to those matters cover:eo
Agreement on of the
Ag:ret:rn,~nt on behalf of
to
ATTACHMENT 3 -Page 5 of 8
TO
1:l5/'JV9999-0074
J 1 e:os:tl 2. Mnn L'l;; -6-ATTACHMENT 3-Page 6 of 8
Attorney shall provide bond counsel, disclosure counsel and counsel services in connection with
issuance of bonds or other securities by if and requested by City, The compensation for those
services shall be as follows:
t BOND COUNSEL FEE SCHEDULE
a,
b.
C,
d.
e.
Jfk1/fYJ999~H'JU$0
}72!1\3-4-l afl7fl1d2
$35,000, plus 0.25 psrcent of the principal amountbe!ween $5,000,000 and $10,000,000,
plus 0.10 percent of principal amount in excess of $10,000,000,
$35,000, plus 0.25 p3rcen! of the principal amount between $5,000,000 $10,000,000,
0.10 percent of principal amount in excess of $10,000,000. Assessment district
formation (including proceedings) are paid separately at a composite hourly rate of
per hour.
$35,000, plus 0.25 percent of the principal amount between $5,000,000 and $10,000,000,
plus 0.10 percent of the principal amount in excess of $10,000,000. Community facHi!ies
district formation (including election proceedings) are separately a! a composite
hourly ol $230 per hour at design if Client is reimbursed a third party.)
$35,000, plus 0.25 percent of the principal amount between $5,000,000 and $10,000,000,
0.10 percent of the principal amount in excess of $10,000,000.
$40,000, plus 0.25 percent of principal amount $5,000,000 0,000,000,
0,10 percent of the principal amount in excess of $10,000,000.
ATTACHMENT 3-Page 7 of 8
2. DISCLOSURE COUNSEL SERVICES SCHEDULE
b
c.
d.
e.
$20,000, plus percent of the principal amount belween $5,000,000 and $10.000,000,
plus 0.08 percent of the principal amount in excess of $10,000,000.
$20,000, plus 0.15 percent of the principal amount in excess of $5,000,000.
perc:entof the principal amount between $5,000,000 and $10,000,000,
n""'""' of the principal amount in excess of $10,000,000.
$20,000, plus 0.15 of the principal amount between $5,000,000 and $10,000,000,
plus 0.08 percent the principal amount in excess of $10,000,000 ..
$30,000, plus 0. i5 of !he principal belween $5,000,000 and $10,000,000,
plus 0.08 of the principal amount in excess of $10,000,000
3. ISSUER COUNSEL SERVICES
If Attorney's role is to provide advisor/ services in connection with a public ""'n""'iransaction,
Attorney shall a composite hourly of $300 per hour.
4. JOINT POWERS AUTHORITY
In the City or is a member of a joint powers authority which has the power to issue
bonds or other securities, Al!omey shall provide bond counsel and issuer
counsel services to Joint powers authority in connection with the issuance of bonds or other
securities, if when requested by the joint authority. If a joint authority is
fNn>Arl it s!la!l be included in the definition of for purposes of this Agreement The
compensation for in connection with to the joint powers authority shall be as
specified herein.
-2-ATTACHMENT 3-Page 8 of8