HomeMy WebLinkAboutS20 - Special Counsel for Group Residential IssuesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. S -20
September 25, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager
9491644 -3002 or dkiff @city.newport- beach.ca.us
SUBJECT: Hiring of Special Counsel regarding Group Residential Issues
ISSUE:
What firm should the City Council hire to provide legal counsel to the City Council
regarding group residential uses?
RECOMMENDATION:
1. Authorize the Mayor to execute a Professional Services Agreement with
to advise the City Council and to work directly for the City
Council regarding Group Residential Use issues according to a Scope of Services.
2. Authorize the Ad Hoc Committee on Group Residential Legal Review to negotiate
fees and the related terms within the Professional Services Agreement.
DISCUSSION:
At the September 11, 2007 meeting, the Council formed an ad hoc committee to
interview law firms that would work directly for the City Council regarding new
regulations on group occupancies. After reviewing the qualifications of several firms,
the Committee narrowed down a list of various firms to two.
The Ad Hoc Committee expects to make a recommendation to the full Council as to the
selection of one firm.
This agenda item authorizes the Council to hire one of these two firms. As noted, the
firm will work directly for the Council. The City Attorney's office will assist Special
Counsel to the extent necessary to provide a smooth transition for the Special Counsel,
and the City Manager's office may provide assistance to Counsel to the extent
Selection of Legal Counsel
September 25, 2007
Page 2
requested by the City Council (generally in the provision of previously- researched
information, meeting scheduling assistance, and verification and payment of bills).
A draft Scope of Services for the selected firm's work is attached.
Committee Action: The City Council's Ad Hoc Committee on Group Residential Legal
Review recommends this action.
Environmental Review: The City Council's approval of this Agenda Item does not
require environmental review.
Public Notice: This agenda item may be noticed according to the Brown Act (72 hours
in advance of the public meeting at which the City Council considers the item).
Submitted by:
Dave Kiff
Assistant City Manager
Attachments: Draft Scope of Services
Selection of Legal Counsel
September 25, 2007
Page 3
Draft Scope of Services
Special Counsel Relating to Group Residential Issues
Prior to Council Consideration of the Group Residential Ordinances
1. Review research and previous legal work relating to Group Residential Uses done
by the City Attorney's Office, Rutan and Tucker, Goldfarb and Lipman, and the
Concerned Citizens of Newport Beach.
2. Conduct separate legal research to the extent necessary on Group Residential
Uses.
3. Review the new ordinance(s) passed and recommended by the Planning
Commission on September 20, 2007.
4. Meet with interested parties, as designated by the Council.
5. Advise the City Council on the legal issues, benefits, risks of various approaches to
the Group Residential Use ordinances.
6. Represent and offer the City's legal perspective to the public on this issue, as
directed by the Council.
7. Advise the Council during public consideration
relating to this issue.
8. If directed by the Council, advise the Planning
of ordinances relating to this issue.
Following Council Consideration of the Group
9. Advise the City Council, the City Attorney,
implementation as requested.
10. Represent the City in any litigation associatec
Council.
and adoption of any new ordinances
Commission in any future deliberation
Residential Ordinances
and City staff on the ordinances'
with this issue, as requested by the