HomeMy WebLinkAboutAGENDA REPORT 2001 0606 CC REG ITEM 11LITEM. It.. L -
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MOORPARK CITY COUNCIL ' ?T � -7
AGENDA REPORT n
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, ATCM /City Clerk
DATE: June 1, 2001 (CC Meeting of 616101)
SUBJECT: Consider Resolution Appointing a City Attorney and
Rescinding Resolution No. 84 -108 and Approval of a Third
Addendum to Agreement for City Attorney Services
BACKGROUND AND DISCUSSION
Joseph M. Montes has been Acting City Attorney since December 6,
2000. In order to appoint Mr. Montes as City Attorney, the City
Council should adopt the attached resolution, which will approve
the appointment and rescind Resolution No. 84 -108 (which appointed
Cheryl Kane as City Attorney). In addition, an amendment to the
Agreement for City Attorney Services with Burke, Williams &
Sorensen should be approved. A draft Third Addendum is attached to
this report to revise the City Attorney designation and notice
language (the prior amendments to the Agreement were for rate
increases in 1992 and 1995).
STAFF RECOMMENDATION
1. Adopt Resolution No. 2001- , appointing Joseph M. Montes as
City Attorney and rescinding Resolution No. 84 -.108; and
2. Authorize the Mayor to approve the Third Addendum to the
Agreement for City Attorney Services with Burke, Williams &
Sorensen, with final language approval by the City Manager.
Attachments:
1. Draft Resolution
2. Draft Third Addendum
RESOLUTION NO. 2Q01-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, APPOINTING A CITY
ATTORNEY AND RESCINDING RESOLUTION NO. 84 -108
WHEREAS, the City Council of the City of Moorpark adopted
Resolution No. 84 -108 on June 20,. 1984, appointing a City
Attorney, Associate City Attorney and Assistant City Attorney,
and establishing the compensation; and
WHEREAS, the City Council now intends to appoint a new City
Attorney and revise the compensation language.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Joseph M. Montes of the firm of Burke, Williams
& Sorensen is appointed as City Attorney.
SECTION 2. The compensation that the City Attorney will be
receiving shall be as set forth in an Agreement for City
Attorney Services between Burke, Williams & Sorensen and the
City of Moorpark.
SECTION 3. Resolution No. 84 -108 is hereby rescinded.
SECTION 4. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be
filed in the book of original Resolutions.
PASSED AND ADOPTED this
day of , 2001.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
'00341
THIRD ADDENDUM TO AGREEMENT FOR CITY ATTORNEY SERVICES
This day of , 2001, Burke, Williams & Sorensen, a
partnership including professional corporations, and the City of
Moorpark, a general law city, entered into this Third Addendum to the
Agreement for City Attorney Services dated July 1, 1989.
IT IS MUTUALLY AGREED by and between the parties as follows:
1. Section 1, Designation of City Attorney, Paragraphs A and
B, are amended and superseded to read as follows:
A. Joseph M. Montes is designated as the City Attorney.
B. The designation of the Assistant City Attorney or
Acting Assistant City Attorney shall require the
written approval of the City Manager. In the absence
of the City Attorney, the Assistant City Attorney or
Acting Assistant City Attorney may act on behalf of
the City Attorney.
2. Section 7, General Provisions, Paragraph F, is amended and
superseded to substitute the following address and name for any notice
to be given to Burke, Williams & Sorensen:
TO: Burke, Williams & Sorensen
611 West Sixth Street, Suite 2500
Los Angeles, CA 90017 -3102
Attn: Joseph M. Montes
3. Except as amended by this Third Addendum, all of the
provisions of.the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Third
Addendum to be executed by their duly authorized officers the day and
year first above written.
CITY OF MOORPARK
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
BURKE, WILLIAMS & SORENSEN
Joseph M. Montes
John Welsh, Managing Partner
C90-342