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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