HomeMy WebLinkAbout03 - Ad Hoc Legal Services CommitteeCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 3
August 26, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Homer Bludau, City Manager
644 -3000 — hbludau @city.newport- beach.ca.us
SUBJECT: Establishment of a City Council Ad Hoc Committee to: (a) evaluate
the legal services provided by the City Attorney's; (b) make
recommendations regarding the scope of desired services and the
process of filling the position of City Attorney; and (c) discuss
modifications of the current agreement between the City and the City
Attorney.
ISSUE
Should the Council create the City Council Ad Hoc Legal Services?
RECOMMENDATION
Adopt a resolution (attached) creating the City Council Ad Hoc Legal Services
Committee and designate Mayor Bromberg, Mayor Pro Tern Ridgeway and Council
Member Heffernan to the Committee.
DISCUSSION
The City Attorney has given formal notice of his intent to retire sometime after March 31,
2004 and before June 30, 2004. The City Attorney's notice of retirement triggers the
need to develop a process to fill the position. However, before deciding on the
recruitment process or a successor, the City Council may wish to evaluate the scope of
the legal services that should be provided by the City Attorney's Office. Once the scope
of services is established the City Council will be in a better position to assess the
qualifications of candidates for the position.
I am recommending that the City Council establish an Ad Hoc Committee that would: (a)
evaluate the legal services to be provided by the City Attorney's Office; (b) make
recommendations regarding the scope of desired services and the process of filling the
position of City Attorney; and (c) discuss modifications of the current agreement
between the City and the City Attorney. This Committee could discuss options with the
City Attorney and other municipal law practitioners who are familiar with the legal issues
— such as airport operations and tidelands - that are unique to Newport Beach. The
proposed Committee has a limited term (120 days) and limited duties and is not subject
to the Brown Act.
Prepared by:
Homer Bludau, Ci Manager
Attachments: Resolution
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY OF NEWPORT BEACH
CITY COUNCIL ESTABLISHING THE
CITY COUNCIL AD HOC LEGAL SERVICES COMMITTEE
WHEREAS, the City Attorney has, after more than 20 years in office, given the
City Council notice of his intent to retire between March 31, 2004 and June 30, 2004;
WHEREAS, the City Council believes that this is an opportune time to evaluate
the legal services currently being provided by the City Attorney's Office and determine
the type and level of services that office should provide in the future;
WHEREAS, the City Council believes it should make a determination as to the
level and nature of the services to be provided by the City Attorney's office before
developing the criteria for selecting a successor;
WHEREAS, in anticipation of his retirement, the City Council may want to
consider modifications to the current agreement between the City and the City Attorney;
WHEREAS, the City Council would like to establish an Ad Hoc Committee
consisting of three Council Members who are attorneys and ask the Committee to make
recommendations relative to the level and scope of legal services as well as any
appropriate modifications to the current agreement.
NOW, THEREFORE, BE IT RESOLVED by the Newport Beach City Council as
follows:
Section 1. The City Council Ad Hoc Legal Services Committee is hereby
established.
Section 2. The Committee shall consist of Mayor Bromberg, Mayor Pro Tern
Ridgeway and Council Member Heffernan.
Section 3. The Committee shall have the following duties and responsibilities:
A. Meet with the City Attorney, the City Manager and staff to
determine the nature and extent of the legal services currently
provided by that office.
B. If desired, consult with other municipal law practitioners who are
familiar with the unique legal issues facing Newport Beach and
request input as to the matters the City should consider in
evaluating the nature and level of legal services, appropriate
staffing and the criteria for a successor to the City Attorney.
C. Discuss with the City Attorney any modifications to the existing
agreement that may be appropriate to ensure the continuity of
effort on certain legal issues that are: (i) complex and
longstanding; or (ii) unique to Newport Beach.
D. Present recommendations to the full City Council within one
hundred and twenty (120) days.
Section 4. The term of this Committee shall expire one hundred and twenty
(120) days after the adoption of this resolution.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty -sixth day of
August 2003.
Steven Bromberg
Mayor
Lavonne Harkless
City Clerk