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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