HomeMy WebLinkAboutCC Item No. 17 08-09-2011CITY OF
LADE LSIROPT
DREAM EXTREME-
REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY
TO: HONORABLE MAYOR PRO TEM
AND MEMBERS OF THE CITY COUNCIL
HONORABLE CHAIRPERSON
AND MEMBERS OF THE REDEVELOPMENT AGENCY
FROM: BARBARA LEIBOLD
CITY ATTORNEY/AGENCY COUNSEL
DATE: AUGUST 9, 2011
RE: CITY ATTORNEY SERVICES
Background
Councilman Hickman requested that a discussion on the City Attorney Legal Services
Agreement be placed on the Council agenda for discussion. City Attorney services are
provided by the law firm of Leibold McClendon & Mann (LMM). The City Attorney's
office serves as legal advisor to the City Council, Redevelopment Agency, Public
Financing Authority, City commissions, the City Manager and City Staff.
The scope of services provided by the City Attorney includes advising City officials and
employees regarding general municipal law, conflicts of interest, Brown Act open
meeting laws, public records requests, intergovernmental relations, land use and
planning matters; election laws; public contracting requirements; budget and finance
issues; litigation and code enforcement matters, water law; redevelopment and
relocation laws; and affordable housing laws. The City Attorney is also charged with the
preparation and/or review of resolutions, ordinances and agreements and oversight of
services provided by special legal counsel.
The Agreement for Legal Services between the City/Agency and LMM provides that the
City Council annually review the City Attorney's performance. Such performance
evaluation was conducted in closed session at the City Council's meeting on March 22,
2011. In response to a Council recommendation, the attached City Attorney Report
summarizes the scope of services and performance of the City Attorney.
A copy of the Agreement for Legal Services is attached along with a copy of the First
and Second Amendments approved in 2008 and 2010, respectively.
AGENDA ITEM NO. 17
Page 1 of 23
City Attorney Agreement for Legal Services
August 9, 2011
Page 2
Discussion
City Attorney services are performed on a month to month basis. The existing
Agreement for Legal Services was amended in 2008 to provide for a term through June
30, 2011. After that date, services continue in accordance with the terms and
conditions of the Agreement on a month to month basis and no action is required to
maintain City Attorney services.
Fiscal Impac
There is no recommended change to the Legal Services Agreement and, consequently,
no fiscal impact to evaluate. The City Attorney is compensated for services, but
receives no medical or retirement benefits, no paid sick, vacation or administrative leave
or other City benefits. The City and Agency Budgets for legal counsel include services
provided by LMM as well as special legal counsel. A summary of City Attorney billings
is included in the attached City Attorney Report.
Recommendation
That the City Council and Agency Board discuss the City Attorney's services and Legal
Services Agreement and provide direction as appropriate.
Prepared by: Barbara Leibold
City Attorney
Approved by: Robert A. Brady
City Manager
Attachments: Existing Agreement for Legal Services, as amended
City Attorney Report (FY 2010-2011)
Page 2 of 23
FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR LEGAL
SERVICES
This First Amendment to the Amended and Restated Agreement for Legal Services
(the "Amendment'), dated as of April 8, 2008 (the "Effective Date"), is by and among the
City of Lake Elsinore ("City") and the Lake Elsinore Redevelopment Agency (the "Agency"),
on the one hand (the Agency and the City are collectively referred to herein as "Employer"),
and Leibold McClendon & Mann ("Employee"), on the other hand.
RECITALS
A. Employee serves as City Attorney of the City and General Counsel of the
Agency by way of a Legal Services Agreement dated as of July 1, 1997 by and between
Employer and Employee, amended on June 26, 2001 and amended and restated on
September 25, 2005 (collectively, the "Agreement").
B. On March 25, 2008, the City Council evaluated the performance of Employee
and authorized the City Attorney to prepare this First Amendment to the Amended and
Restated Agreement for Legal Services.
AGREEMENT
1. All references to "Van Blarcom, Leibold McClendon & Mann" shall be
amended to read "Leibold McClendon & Mann."
2. The Term of Agreement shall be extended through March 31, 2010.
3. Except as provided herein, the terms and conditions set forth in the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF the parties have caused this First Amendment executed
on April 8, 2008.
CITY OF LAKE ELSINORE:
e--~Iickmi an
Mayor
Pest Amend Agr for Legal Services 033M
Page 3 of 23
LAKE ELSINORE REDEVELOPMENT
Page 4 of 23
SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR LEGAL
SERVICES
This Second Amendment to the Amended and Restated Agreement for Legal
Services (the "Amendment'), dated as of April 1, 2010 (the "Effective Date"), is by and
among the Cityof Lake Elsinore ("City") and the Lake Elsinore Redevelopment Agency (the
"Agency'), on the one hand (the Agency and the City are collectively referred to herein as
"Employer"), and Leibold McClendon & Mann ("Employee"), on the other hand.
RECITALS
A. Employee serves as City Attorney of the City and General Counsel of the
Agency by way of the Amended and Restated Agreement for Legal Services dated as of
September 27, 2005, as amended by the First Amendment dated April 8, 2008
(collectively, the "Agreement').
B. On March 23, 2010, the City Council evaluated the performance of Employee
and authorized the City Attorney to prepare this Second Amendment to the Agreement.
AGREEMENT
The Term of Agreement shall be extended through June 30, 2011.
2. Except as provided herein, the terms and conditions set forth in the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF the parties have caused this Second Amendment to be
executed on April 13, 2010.
CITY OF LAKE ELSINORE:
Melissa A. Melendez
Mayor
Ro`6ert E. Magee
Chairman
ATTEI~C
Carol Cowley
interim City Clerk/Agency ecretary
hen, 4 Attach Afire
PR~PARED BY: r
E4rtiara Leibold
City Attorney/Agency General Counsel
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Page 6 of 23
AMENDED AND RESTATED AGREEMENT FOR LEGAL SERVICES
This Amended and Restated Agreement for Legal Services (the "Agreement") is made and
entered into as of the 27th day of September 2005, by and between the City of Lake Elsinore, a
municipal corporation and the Redevelopment Agency of the City of Lake Elsinore, a public body,
corporate and politic (collectively as the "City"), on the one hand, and Van Blarcom, Leibold,
McClendon & Mann, a professional corporation ("VLMM"), on the other hand.
RECITALS
A. City engaged VLMM to perform the duties of the office of the City Attorney and Agency
General Counsel by Agreement dated July 1, 1997 and amended by City Council action on June 26,
2001 (the "Existing Agreement").
B. VLMM is specially trained, experienced and competent to perform the special services which
will be required by this Agreement.
C. VLMM possesses the skill, experience, ability, background, certification and knowledge to
provide the services described in this Agreement on the terms and conditions described herein.
D. City and VLMM desire to enter into this Agreement to amend and restate the Existing
Agreement.
AGREEMENT
1. Scone of Services. By this Agreement, City retains VLMM to perform the duties of City
Attorney and Agency General Counsel and to provide the services described on Exhibit A which is
attached hereto and incorporated herein by reference. VLMM shall provide said services at the time,
place, and in the manner specified in Exhibit A, subject to the direction of the City Council and the
Redevelopment Agency Board (collectively as the "City Council"). In connection with the
performance of the duties of the City Attorney/Agency General Counsel, City agrees to be truthful
with VLMM, to cooperate with VLMM's representation, and to make available, in prompt and
businesslike manner, all necessary and available documentation and background data as may be
necessary from time to time.
2. Term of Agreement. The terms and conditions under this Agreement shall commence on
September 1, 2005 and shall continue thereafter unless amended or terminated until September 1,
2007.
3. Compensation. Compensation to be paid to VLMM shall be in accordance with the Schedule
of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference.
4. Method of Payment. VLMM shall submit monthly billings to City describing the work
performed during the preceding month. VLMM's bills shall include a brief description of the
services performed, the date the services were performed, the number of hours spent and by whom,
and a description of any reimbursable expenditures. Services will be billed in increments of one-
tenth (1/10°i) of an hour. City shall pay VLMM no later than 30 days after approval of the monthly
invoice by the City Manager.
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5. Termination. This Agreement may be terminated by the City immediately for cause or by
either party without cause upon thirty (30) days' written notice of termination. Upon termination,
VLMM shall be entitled to compensation for services performed up to the effective date of
termination.
6. Ownership of Documents. All writings prepared by VLMM in the course of implementing
this Agreement, except working notepad, preliminary draft and internal documents, are the property
of the City.
7. VLMM's Books and Records.
a. VLMM shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to City fora minimum period of three (3) years, or for any
longer period required by law, from the date of payment to VLMM under this Agreement.
b. VLMM shall maintain all documents and records which demonstrate performance
under this Agreement for a minimum period of three (3) years, or for any longer period required by
law, from the date of termination of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit by the City Manager, City Auditor or City
Councilmember(s), at any time during regular business hours, upon written request by the City
Council. Copies of such documents shall be provided to the City for inspection at City Hall when it
is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at VLMM's address indicated for receipt of notices in this Agreement. Nothing herein
shall require or permit the release or inspection of any privileged document without the express
written waiver of such privilege by the City Council.
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of VLMM's business, City may, by written
request by any of the above-named officers, require that custody of the records be given to the City
and that the records and documents be maintained in City Hall.
8. Independent Contractor. It is understood that VLMM, in the performance of the work and
services agreed to be performed, shall act as and be an independent contractor and shall not act as an
agent or employee of the City. VLMM shall obtain no rights to retirement benefits or other benefits
which accrue to City's employees, and VLMM hereby expressly waives anyclaim it may have to any
such rights.
9. Interests of VLMM. VLMM (including principals, associates and professional employees)
covenants and represents that it does not now have any investment or interest in real property and
shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other
source of income, interest in real property or investment which would be affected in any manner or
degree by the performance of VLMM's services hereunder. VLMM further covenants and represents
that in the performance of its duties hereunder no person having any such interest shall perform any
services under this Agreement.
2
C.AyAltumeyLegal Services Agrce=M.Fini
Page 8 of 23
10. Professional Ability of VLMM. City has relied upon the professional training and ability of
VLMM to perform the services hereunder as a material inducement to enter into this Agreement.
VLMM shall therefore provide properly skilled professional and technical personnel to perform all
services under this Agreement. All work performed by VLMM under this Agreement shall be in
accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be
expected of competent professionals in VLMM's field of expertise.
11. Compliance with Laws. VLMM shall use the standard of care in its profession to comply
with all applicable federal, state and local laws, codes, ordinances and regulations.
12. Licenses. VLMM represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of VLMM to
practice its profession. VLMM represents and warrants to City that VLMM shall, at its sole cost and
expense, keep in effect or obtain at all times during the term of this Agreement, any licenses,
permits, insurance and approvals which are legally required of VLMM to practice its profession.
13. indemnity. VLMM agrees to defend, indemnify and hold harmless the City, its officers,
officials, agents, employees and volunteers from and against any and all claims, demands, actions,
losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in
connection therein), arising out of the performance of this Agreement or its failure to comply with
any of its obligations contained in this Agreement, except for any such claim arising out of the sole
negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
14. Professional Liability Coverage. VLMM shall maintain professional errors and omissions
liability insurance for protection against claims alleging negligent acts, errors or omissions which
may arise from VLMM's operations under this Agreement, whether such operations by the VLMM
or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be
less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined
single limit per occurrence basis.
15. Notices. Any notice required to be given under this Agreement shall be in writing and either
served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other
party at the address set forth below. Notice shall be deemed communicated within 48 hours from the
time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
If to VLMM: Van Blarcom, Leibold, McClendon & Mann, P.C.
Attn: Barbara Zeid Leibold
23422 Mill Creek Drive, Suite 105
Laguna Hills, CA 92653
CityAttomeyi-egal Services Agcemenl.Final
Page 9 of 23
16. Entire Agreement. This Agreement is an amendment and restatement of the Existing
Agreement and constitutes the complete and exclusive statement of Agreement between the City and
VLMM. All prior written and oral communications, including the Existing Agreement,
correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
17. Amendments. This Agreement may be modified or amended only by a written document
executed by both VLMM and City and approved as to form by the City Attorney.
18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City
for entering into this Agreement is the professional reputation, experience and competence of
VLMM. VLMM shall be fully responsible to City for all acts or omissions of any subcontractors.
Assignments of any or all rights, duties or obligations of the VLMM under this Agreement will be
permitted only with the express consent of the City, VLMM shall not subcontract any portion of the
work to be performed under this Agreement without the written authorization of the City. If City
consents to such subcontract, VLMM shall be fully responsible to City for all acts or omissions of
those subcontractors. Nothing in this Agreement shall create any contractual relationship between
City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to
the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing
waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Sevembility. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
21. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by
the laws of the State of California and any action brought relating to this Agreement shall be held
exclusively in a state court in the County of Riverside.
22. Liti ation Expenses and Attorneys' Fees. If either party to this Agreement commences any
legal action against the other party arising out of this Agreement, the prevailing party shall be
entitled to recover its reasonable litigation expenses, including court costs, expert witness fees,
discovery expenses, and attorneys' fees.
23. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out
of this Agreement through mediation prior to commencing litigation. The parties shall mutually
agree upon the mediator and share the costs of mediation equally. It the parties are unable to agree
upon a mediator, the dispute shall be submitted to JAMS/EATDISPUTE ("JAMS") or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall
have the option to strike two of the five mediators selected by JAMS and thereafter the mediator
remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may
commence litigation.
24. Execution. This Agreement may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding upon the parties when at least one
copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not
be necessary to produce or account for more than one such counterpart.
4
CityAttomcyLcgul Services Agrmment.Finel
Page 10 of 23
25. Authority to Enter Agreement. VLMM has all requisite power and authority to conduct its
business and to execute, deliver, and perform the Agreement. Each party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement and to bind each respective party.
26. Prohibited Interests. VLMM maintains and warrants that it has not employed nor retained
any company or person, other than a bona fide employee working solely for VLMM, to solicit or
secure this Agreement. Further, VLMM warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for VLMM, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from
the award or making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no member, officer
or employee of City, during the term of his or her service with City, shall have any direct interest in
this Agreement, or obtain any present or anticipated material benefit arising therefrom.
27. Equal Opportunity Employment. VLMM represents that it is an equal opportunity employer
and it shall not discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-
discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. VLMM
shall also comply with all relevant provisions of City's Minority Business Enterprise program,
Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter
enacted.
28. Annual Performance Review. The City Council shall annually review the performance of
VLMM in the first quarter of each calendar year.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date
first written above.
CITY OF LAKE ELSINORE/:
REDEVELOPMENT AGENCY OF THE
CITY OF„LAK,E ELSI.NORE:
RobertA. Brady ity Manager/
/Executive Di: for
VANBLARCOM, LEIBOLD,
MCCLENDON & MANN, P.C.
6: Barbara eieLeibold
ATTEST-
City Clerk/Agericy Secretary
5
CityAttomeyUgal Services AgreementPinul
Page 11 of 23
EXHIBIT "A"
SCOPE OF SERVICES
Barbara Leibold is hereby designated as the City Attorney to the City and General Counsel to the
Redevelopment Agency. Additional attorneys and licensed paralegals my be assigned to perform
services in connection with the performance of the Agreement as deemed necessary and appropriate
by Ms. Leibold.
General Legal Services. This work consists of attending regularly scheduled meetings of the City
Council, AgencyBoard and Planning Commission along with review of standardized agreements and
the provision of legal advice on general municipal matters. City and VLMM mutually estimate
General Legal Services to require approximately 50 hours per month. VLMM shall submit quarterly
reports to City Council summarizing pending projects and an estimated schedule for the completion
of each.
Special Legal Services. (A) franchise, financial and economic development matters; (B) natural
resources and environmental issues; (C) land use, real estate or real property related matters; (D)
redevelopment and housing; (E) labor relations and employment law; (F) election law matters;
(G)litigation; (H) water and utilities; and (I) other special matters requiring special expertise and /or
anticipated to require significant attorney time upon direction of the City Council.
Page 12 of 23
EXHIBIT `B„
SCHEDULE OF CHARGES
Retainer Services. VLMM shall be compensated by City for the performance of General Legal
Services by way of a retainer in the amount of $8,500 per month.
Additional Specialized Services. Additional legal services provided by the City Attorney and any
Assistant/Deputy City Attorneys shall be compensated at a rate of $170 per hour; services provided
by paralegals shall be compensated at a rate of $110 per hour.
Third Party Reimbursements. All legal services provided to the City for which the City receives
reimbursement from a developer or other third party, as determined according to the mutual
agreement of the parties on a case-by-case basis, shall be billed at VLMM's then current published
standard private client rates, minus ten percent (10%). If VLMM believes that a matter falls within
the reimbursed services category, VLMM shall first seek approval from the City Manager.
Issuer's Counsel for Municipal Bonds. A minimum fee of $15,000 and increasing to 1/10 of 1 % of
the amount of the bond issuance in excess of $15,000,000 (to be paid as acost of issuance from bond
proceeds).
Adjustments to hates. The rates provided in this Exhibit shall be automatically adjusted as follows:
On July 1, 2006 and every July 1 st thereafter during the term of the Agreement, all rates shall be
adjusted for changes in the cost of living for the most recently published twelve (12) month period,
as shown by the U.S. Department of Labor in its All Urban Consumer Index set forth for the Los
Angeles-Anaheim-Riverside area.
Cost Reimbursement and Exceptions. The City and the Agency shall reimburse VLMM for all
reasonable and necessary out-of-pocket expenses incurred by VLMM in providing legal services.
Authorized reimbursable expenses shall include, but are not limited to, printing and copying
expenses (at $0.15 per page, or at cost i fprovided by third party copy services), mileage expenses at
the rate allowed by the Internal Revenue Service (except as provided below), court fees,
computerized research time (e.g., Lexis or Westlaw), extraordinary mail or delivery costs (e.g.,
courier, overnight and express delivery), actual fees and expenses (no mark-up) for consultants
retained by VLMM, and similar costs relating to the services that are generally chargeable to a client.
However, no separate charge shall be made by VLMM for secretarial or word processing services,
and no mileage shall be charged for attendance at any meeting scheduled within the City of Lake
Elsinore.
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CITY OF ^
LADE LSIIYORT
`u DREAM EXTREME
CITY ATTORNEY REPORT
(FISCAL YEAR 2010-2011)
Mission Statement
"The mission of the Office of the City Attorney is to provide the City with the highest
quality, responsive and preventative legal services and to identify legal options and
strategies for implementing and achieving the goals, objectives and policies of the City
Council."
PREPARED BY:
BARBARA LEIBOLD
LEIBOLD MCCLENDON & MANN, PC
CITY ATTORNEY/AGENCY COUNSEL
Page 15 of 23
CITY ATTORNEY REPORT
FY 2010-2011
LEIBOLD MCCLENDON & MANN serves as the City Attorney and General Counsel to
the City of Lake Elsinore and the Redevelopment Agency. In that capacity we serve the
legal needs and provide legal counsel to the City Council, Redevelopment Agency, Public
Financing Authority, City Commissions, the City Manager and City Staff.
Barbara Leibold and the attorneys of Leibold McClendon & Mann have represented cities
and other public agencies for over 24 years. Our experience and expertise are
particularly well suited to the legal needs of the City and the Agency which include
general municipal law, conflicts of interest, Brown Act open meeting laws, public records
requests, intergovernmental relations, preparation of resolutions, ordinances and
agreements; land use and planning matters; election laws; public contracting
requirements; finance, budget and reporting issues; water law; redevelopment and
relocation laws; and affordable housing laws.
We are proud to serve the City of Lake Elsinore and to present the attached Summary of
Services/Accomplishments for the Fiscal Year 2010-2011.
In addition, our 14 years of dedicated service to the City and the Agency have provided
us with a wealth of institutional knowledge that allows Leibold McClendon & Mann to
perform services efficiently and serve as a valuable resource to City officials, staff, and
residents. Our knowledge of the legal issues and applicable contracts, rights and
obligations relating to special projects and resources is highlighted by some of our major
contributions in the attached Summary of Major Projects (1997- 2009).
The City Attorney's office works closely with the City Council and staff to minimize legal
fees and to provide efficient and effective service. A City Attorney/Agency Counsel
Budget Summary for the Fiscal Year 2010-2011 is attached.
Page 16 of 23
SUMMARY OF SERVICES/ACCOMPLISHMENTS FY 2010-11
Attend City Council and Redevelopment Agency meetings & study sessions
2. Attend Planning Commission meetings
3. Attend Public Safety Advisory Commission meetings (through June 2010)
4. Attend Citizen Corps meetings (through June 2010)
5. Attend Finance Team meetings
6. Attend staff meetings every other week
Weekly contributions to Weekly Memo advising City Council of City Attorney
services
8. Preparation, review and/or revision of Ordinances:
- Water Efficient Landscaping Ordinance
- Ordinance Approving First Amendment to Pardee Development Agreement
- Amendment to Grading and Hauling Ordinance
- Marijuana Manufacturing Urgency Ordinance and Extension Ordinance
- Remote Caller Bingo Ordinance
- Bow Fishing Ordinance
- Ordinances Approving Diamond Specific Plan, Amendment to Eastlake
Specific Plan and related entitlements
- E-Verify (Undocumented Workers)
- Flood Damage Prevention
- Ordinance Increasing Transient Occupancy Tax (rejected by voters)
- Ordinance Amending Canyon Hills Specific Plan
- Ordinance Amending LEMC Animal Control provisions
- Ordinance Rescinding Lake Street Marketplace Entitlements (pursuant to
settlement agreement)
- Ordinance Designating Fire Hazard Severity Zones
- Ordinance Adopting 2010 Building Code Standards
9. Preparation, review and/or revision of Resolutions and Proclamations
Approximately 51 Planning Commission Resolutions - relating primarily to
MSHCP consistency, CEQA findings, and land use entitlements
Approximately 69 City Council Resolutions - relating to financing matters,
weed abatement, street vacation, land use entitlements, MSCHP
consistency, CEQA findings, and election matters
Proclamation Supporting Arizona's Adoption of SB 1070
Page 17 of 23
10. Litigation
- City Attorney assisted City in seeking CJPIA coverage and assists CJPIA
defense counsel in settlement negotiations
- Successfully negotiated settlement with Trevi Entertainment
- Successfully litigated Hagan and other specific litigation matters in which
the City Attorney's office served as lead counsel.
11. City Manager/Executive Director
- Advised and assisted City Manager on routine basis regarding City and
Agency legal matters, potential liabilities, litigation and negotiating
strategies, personnel issues, contracts, projects and other issues
- Reviewed, revised and/or prepared numerous professional and non-
professional service agreements, employment agreements and other
contracts
12. City Clerk
- City Attorney routinely advises City Clerk regarding claims administration,
discovery requests, subpoenas and other litigation and claim related
matters
- Advised and assisted City Clerk regarding recall election and general
municipal election requirements relating to committee activities, petition
procedures, campaign finance disclosure issues, and election proceedings
- Advised City Council regarding hiring, resignation and transition issues
related to City Clerk's office
- Assisted City Clerk with reviewing, evaluating and responding to various
Public Records Act requests, records retention matters
- Advised City Clerk regarding Municipal Code update
13. Administrative Services
Assisted and advised staff regarding implementation of Development
Agreements and payment of development impact fees, City and Agency
Budget adoption procedures, Agency financial matters and accounting and
reporting requirements
Advised staff regarding engagement of special services accounting
14. Lake, Park & Recreation
- Prepared amendments to existing Concession Agreements in
contemplation of marina construction activities
- Assisted staff with environmental review and permits related to marina
construction and worked with finance team to prepare Launch Ramp
Project Financing
- Southwest Community Financing Authority - Animal Shelter - advised City
Council regarding rights and obligations under joint powers agreement
Page 18 of 23
Resolved issues regarding joint use of Terra Cotta School gym and
finalized agreement with LEUSD
Assisted in evaluation of Elsinore West Marina and owner's proposal to sell
site to the City
Evaluate legal issues related to Lake Patrol as "peace officers" and advised
staff regarding potential insurance and liability issues
Revised animal control services agreement and advised staff regarding
increase in animal licensing fees
- Advised staff regarding enforcement of lease and modifications for La Unica
restaurant
- Advised staff regarding financing of City boat launch and related public
works contract compliance
- Advised staff regarding lease provisions for Stadium capital improvement
funds and related funding for Stadium Souvenir store
- Advised staff regarding resolution of title issue on Summerhill Park site
15. Community Development
- Advise staff regarding notice and hearing requirements; zoning and land
use laws, subdivision map act, CEQA clearance and MSHCP and other
applicable LEMC, state and federal laws
- Attend Planning Commission meetings
- Advised staff and Commission on issues relating to Motorcross CUP,
downtown church CUP,
- Advised staff regarding implementation of Developments Agreements;
negotiated and prepared Amendments and Operating Memoranda of
Understanding for the Pardee Canyon Hills Development Agreement,
Centex Ramsgate-Rosetta Canyon Development Agreement, Centex
Tuscany Development Agreement; Shopoff Ramsgate Development
Agreement; Pacific Clay Development Agreement La Laguna Development
Agreement; Summerly Development Agreement,
- Reviewed, revised, prepared and/or negotiated conservation easements
pursuant to MSHCP (Toyota Project; Summerly Back Basin)
- General Plan Update; Housing Element; Climate Action Plan and EIR -
advise staff and consultants regarding legal issues presented and contract
administration in connection with General Plan Update, Housing Element,
Climate Action Plan and EIR
- Advise Code Enforcement regarding R-Side activities, Fir Circle squatters,
septic and sewer connection issues and routine matters and nuisance
abatement issues, dangerous buildings, warrants
Page 19 of 23
16. Public Works/Engineering
- Advised staff regarding hauling and excavation issues at La Strada
development site and prepared amendment to Grading Ordinance
- Regularly advise staff regarding compliance with NPDES requirements and
parcel fee updates
- Prepared deferred improvement agreement for business owner to assist in
timing of payment of fees with actual development phases
- Advised staff regarding various weed abatement issues
- Assisted staff in resolving multiple issues with contractor for Rosetta Park
and Fire Station
- Advised staff regarding various mining issues, including responses to OMR
and matters related to proposed reclamation plan amendments
17. Redevelopment Agency
- Amended and Restated Civic McMillin Disposition and Development
Agreement - lead negotiator with Civic, Bank of America and McMillin
regarding Summerly project and DDA matters, protected Agency's interest
with projected financial benefits to City and Agency in excess of $150
million over the 1993 agreements
- Pottery Court Affordable Housing Project - 111 affordable units -Agency
Counsel negotiated and prepared all project documents and managed
Agency staff in implementation of project, including Site acquisition,
assembly, operation, relocation, demolition, site disposition, financing,
entitlements and permits
- Lakeview Affordable Housing Project - 150 units - Agency Counsel
negotiated and prepared all project documents and managed Agency staff
in implementation of project, including financing, entitlements and permits
- Monitored State Budget legislation and prepared documentation for special
meeting actions to protect Agency assets and pre-existing obligations
- Downtown properties (Main Street) - acquisition, modification to Rental
Agreement; Relocation Benefit and Waiver Agreements, relocation
complete; demolition pending
- Due diligence re City/Agency Property and preparation of License
Agreement for Lambert/Lee
- HCD Annual Reports - advised and assisted staff in completion of HCD
annual reports
- Participated in finance team meetings and assisted/advised staff regarding
Agency budget, financial statements, audit and reporting requirements,
refunding of Agency/PFA bonds and payment of SERAF
- Lake Elsinore Unified School District and Riverside County Department of
Education Demand Letter- lead the Agency's negotiating team and
preparation of Agency response
- Evaluated, coordinated finance team, and responded to the School District
Demand Letter
- Redevelopment and Housing Implementation Plan monitoring and reporting
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SUMMARY OF MAJOR PROJECTS (1997- 2009)
Leibold McClendon & Mann has served as legal counsel to the City and the Agency for
14 years during which we have gained a wealth of institutional knowledge that allows us
to perform services efficiently and serve as a valuable resource to City officials, staff, and
residents. Our knowledge of the legal issues and applicable contracts, rights and
obligations relating to special projects and resources is highlighted by some of our major
contributions, including:
The Lake: water rights, water quality, lake safety, lake & campground
facilities, Comprehensive Water Management Agreement
The Diamond Stadium: stadium operating and facilities agreements;
litigation & settlement negotiations; negotiated Stadium Agreement with
Diamond Stadium Group (initial term 2016 with options to extend to 2026)
and all new license agreements with DSG and concessions thereby turning
around negatively performing asset of the Agency and providing certainty in
the Agency's budget process that limits Stadium financial obligations to
$300,000 for capital fund
Development Projects: land use and zoning entitlements, development
agreements & financing agreements related to large and small projects by
developers such as Castle & Cooke, Centex, Civic Partners, DEH, John
Laing Homes, K Hovnanian, McMillin Companies, Pardee Homes,
Richmond American, Shopoff and others
City representation in negotiations with other Public Agencies: the Lake
Elsinore Unified School District, the Elsinore Valley Municipal Water District,
the County of Riverside, Riverside County LAFCO, Western Riverside
Council of Governments, Riverside Conservation Authority, Southwest
Communities Financing Authority, the California Department of Housing
and Community Development, the Army Corps of Engineers, the Cities of
Wildomar and Canyon Lake and other local, regional, state and federal
agencies
• City Personnel Policies and City Council Policies Update
Redevelopment Agency issues: CBT, Stadium, Eastlake/Summerly;
Housing Fund compliance, reporting and audit replies; Redevelopment
Advisory Committee, Amended and Restated Redevelopment Plans,
Redevelopment and Housing Implementation Plans, Downtown Master
Plan, Pottery Court, Lakeview Apartments
A Summary of Major Projects (1997- 2009) highlighting some of the more significant
contributions of our firm is also attached.
Page 21 of 23
SUMMARY OF MAJOR PROJECTS (1997- 2009
1997/1998: Lou's Lakeshore Lounge; LEAF services agreement; Seaport Boat Launch
litigation, Stadium, Eastlake entitlements, and the LAFCO Cleveland Ridge
1999: Seaport Boat Launch litigation finished up with successful mediation, Eastlake
entitlements, Northpeak DA
2000: Eastlake entitlements, Camelot/CBT litigation, Stadium, initial phases EVMWD
litigation
2001: Lawsuit with EVMWD re water rights, Christian Center litigation, Liberty
negotiations, Stadium
2002: EVMWD litigation, Civic Partners negotiations
2003: Comprehensive Lake Management Agreement signed
2004: Elections, Laing CP, Stadium
2005; RDA Implementation Plan, Campground Concession Agreement with Destination
Resorts, MSHCP, Stadium, Jacobs CP ENA; Broadstone RiversEdge
2006 Alberhill/Pac Clay, Boys and Girls Club; Revised Personnel Rules; Revised City
Council Policy Manual
2007 Wildomar litigation, General Plan, Road Acquisitions, Agency property purchases
(TSG), Boys and Girls Club, RDA plan extensions; Toyota Incentive Agreement; DSG
Stadium Lease; O'Doherty Litigation; Third Street and Running Deer Annexations; PUD
Ordinance
2008 Council elections, Public Official Binder; TSG Waterview property acquisition;
Density Bonus Ordinance; Hotel Registration Ordinance; Aggressive Panhandling
Ordinance; Abandoned Residences Ordinance; Skate Park concession agreement;
Redevelopment and Housing Implementation Plan; Affordable housing Developer RFQ;
Ordinance Eliminating Time Limit to Incur Debt in Project Area No. I; Southwest
Communities JPA; Campground Concession Agreement; City of Canyon lake Litigation
2009 Amended and Restated Redevelopment Plans; Redevelopment and Housing
Implementation Plans; Pottery Court DDA and HOPE VI Predevelopment Loan, Notice
and Public Hearing Binder; Greenhouse Gas Emissions and Climate Action Plan; Nichols
Road Gap Parcels, Laing bankruptcy; downtown property acquisition; Best Western
Claim
Page 22 of 23
CITY ATTORNEY/AGENCY COUNSEL BUDGET SUMMARY FY 2010-11
The City Attorney Budget for Fiscal Year 2010-2011 was $450,000 which includes the
services of Leibold McClendon & Mann as well as special counsel for labor and
personnel matters, special litigation counsel and others.
Total fees billed by Leibold McClendon & Mann for the FY 2010-2011 was $297,300 with
approximately $32,500 paid by cost recovery accounts. Actual cost to the City for legal
services provided by LMM was approximately $264,800.
Unlike most law firms and professional consultants Leibold McClendon & Mann does not
charge for mileage, toll charges, faxes, phone charges, small copy jobs, postage,
secretarial, word processing and administrative services. The City and the Agency pay
nominal costs for actual reimbursement for filing fees, recording fees, settlement
payments and messenger and delivery charges. Total costs for reimbursables to the City
for FY 2010-2011 was $2,403.54.
The Redevelopment Agency Budget for Fiscal year 2010-2011 was $165,000.
Total fees billed by Leibold McClendon & Mann for the FY 2010-2011 was $251,566 with
approximately $129,425 paid in accordance with the reimbursement provisions
negotiated in the Civic McMillin Amended and Restated DDA. Actual cost to the Agency
for legal services provided by LMM was approximately $122,141 with $89,900 paid form
the Agency's Housing Fund and $32,241 by general redevelopment agency funds.
Total costs charged to the Agency FY 2010-2011 for reimbursable expenses was
$2,039.63 of which $1,277.38 will be paid to the Agency in accordance with the
reimbursement provisions negotiated in the Civic McMillin Amended and Restated DDA.
Page 23 of 23