Resolution No. 94461
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RESOLUTION NO. 9446
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING PARTICIPATION IN PROCEEDINGS
BEFORE THE COMMISSION ON STATE MANDATES FOR
RECOVERY OF INSPECTION AND TRASH RECEPTACLE COSTS
IMPOSED BY THE LOS ANGELES COUNTY MUNICIPAL
STORMWATER PERMIT REGARDING THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM AND AUTHORIZING THE
CITY TO DO ALL ACTIONS DEEMED NECESSARY OR
ADVISABLE CONCERNING THE LITIGATION
WHEREAS, on December 13, 2001, the California Regional Water
(Quality Control Board, Los Angeles Region ("Regional Board") adopted
Order No. 01-182, a National Pollutant Discharge Elimination System
("NPDES") Permit for Municipal Stormwater and Urban Runoff Discharges
within the County of Los Angeles and the incorporated cities therein,
except the City of Long Beach (hereinafter "NPDES Permit"); and
WHEREAS, various cities and Los Angeles County have
challenged the refusal by the Commission on State Mandates to hear
test claims on the unfunded mandated costs of stormwater inspection
program of commercial/industrial facilities permitted by the State of
California and trash receptacle requirements imposed by the Los
Angeles County Stormwater Permit; and
WHEREAS, various cities and the County of Los Angeles have
prevailed at the Appellate Court level and the participating agencies
can now proceed to file test claims, the outcome of which will be a
key element in complying with the Federal NPDES mandate; and
WHEREAS, the test claims challenge two new programs required
by the Regional Board in the NPDES Permit, a program for the
installation and maintenance of trash receptacles at every transit
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Stop, and a program requiring agencies to conduct stormwater
inspections on State permitted commercial and industrial properties;
and
WHEREAS, the estimated cost for filing of test claims will
be $7,500 for agencies now involved, and those agencies have requested
11that other cities join in order to reduce the costs of the claim; and
WHEREAS, the cities that did not file previous test claims
in 2003 may now also file and any additional cities joining in the
test claim will reduce the overall general costs; and
WHEREAS, the estimated general legal costs shared by the
County of Los Angeles and cities filing test claims based on previous
filing is estimated at $50,000.00 and agencies will also be billed for
individual assistance in filing claims at a cost estimated at
$2,950.00 (10 hours of attorney time times the hourly rate of
$295.00); and
WHEREAS, the estimated cost to the City is its share of the
$50,000.00 general legal costs plus the cost of filing an individual
claim; and
WHEREAS, the Director of Community Services & Water has
recommended that the City join with the other agencies in filing a
test claim before the Commission on State Mandates with respect to
reimbursement for the cost of industrial inspections and installations
of trash receptacles imposed by the Los Angeles County Municipal
Stormwater Permit.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
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SECTION 8: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to execute any
documents necessary to implement and carry out the purposes of the
litigation.
SECTION 9: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 15th day of October, 2007.
ATTEST:
UELA GIRON, City Clerk
Name: Leonis C. Malburg
Title: Mayor /. 14 -
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9446, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, October 15, 2007, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
r`
MANUELA G RO:, City Clerk
i
- 5 -
r:�
BURHENN & GEST LLP
624 SOUTH GRAND AVENUE
SUITE 2200
Los ANGELES, CALIFORNIA 90017
TELEPHONE (213) 688-7715
FACSIMILE (213) 688-7716
WRITERS DIRECT NUMBER
(213) 629-8787
October 3, 2007
Eric Fresch
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
WRITERS E-MAIL ADDRESS
hgest@burhenngest.com
Re: Proceedings Before The Commission on State Mandates For
Recovery of Inspection and Trash Receptacle Costs Imposed By The
Los Angeles County Municipal Stormwater Permit
Dear Mr. Fresch:
Thank you very much for deciding to retain Burhenn & Gest LLP ("Burhenn &
Gest"). This letter will formalize the City of Vernon's engagement of Burhenn & Gest
and set forth the terms of that engagement. If the terms set forth below are acceptable,
please sign the original of this letter and return it to my attention.
1. Client, Scope of Representation. The client in this matter will be the City
of Vernon (the "City"). Burhenn & Gest will advise the City in connection with, and the
scope of Burhenn & Gest's engagement and duties will relate solely to, the representation
of the City before the Commission on State Mandates regarding reimbursement for the
cost of industrial inspections and the installation of trash receptacles imposed by the Los
Angeles County Municipal Stormwater Permit. The City may limit or expand the scope
of this representation from time to time, provided that Burhenn & Gest must agree to any
substantial expansion.
2. Term of Engagement. The City's engagement of Burhenn & Gest shall
commence upon the City's execution and return of this letter. Either the City or Burhenn
& Gest may terminate this engagement at any time for any reason by written notice,
subject on Burhenn & Gest's part to the applicable rules of professional responsibility. In
the event that Burhenn & Gest terminates the engagement, Burhenn & Gest will take
such steps as are reasonably practicable to protect the City's interests in the above matter.
BURHENN & GEST LLP
Eric Fresch
City Administrator
October 3, 2007
Page 2
Unless previously terminated, Burhenn & Gest's representation of the City will
terminate upon Burhenn & Gest sending its final statement for services rendered.
Following such termination, any otherwise nonpublic information that the City may have
supplied to Burhenn & Gest, which is retained by it, will be kept confidential in
accordance with applicable rules of professional responsibility. If, upon such
termination, the City wishes to have any documents delivered to it, the City shall advise
Burhenn & Gest within ten days. Otherwise, all such documents will be transferred to the
person responsible for administering Burhenn & Gest's record retention program. For
various reasons, including the minimization of storage, Burhenn & Gest reserves the right
to destroy or otherwise dispose of any such documents retained by it.
The City is engaging Burhenn & Gest to provide legal services in connection with
the above referenced matter. After the completion of this matter, changes may occur in
the applicable laws or regulations that could have an impact upon the City's future rights
and liabilities. Unless the City actually engages Burhenn & Gest after the completion of
this matter to provide additional advice on issues arising from them, Burhenn & Gest has
no continuing obligation to advise the City with respect to future legal developments.
3. Fees and Expenses. Burhenn & Gest's fees will be based on the billing
rate for each attorney and legal assistant devoting time to this matter. Burhenn & Gest's
billing rate for partners is presently $395 per hour. Time devoted by associates is
charged at $250 an hour and time devoted by legal assistants is charged at $95 per hour.
For the purpose of this proceeding, it is agreed that the billing rate for partners charged to
the City in this matter will be only $295 per hour. Howard Gest, a partner in the firm,
will be chiefly responsible for representing the City in this matter, although other
attorneys may assist from time to time.
Other cities have also requested that Burhenn & Gest represent them before the
Commission on State Mandates to seek reimbursement for the costs they have incurred
with regard to the inspections and the trash receptacles imposed by the Los Angeles
County Municipal Stormwater Permit. Services that are common to all clients
represented by this office will be divided equally amongst the clients. Services that are
unique to the City will be billed solely to it.
Burhenn & Gest will include on its statements charges for performing services
such as photocopying, messenger and delivery service, computerized research, travel,
long-distance telephone, facsimile, word processing and search and filing fees. Fees and
expenses of others (such as consultants, appraisers, and local counsel) generally will not
be paid by Burhenn & Gest, but will be billed directly to the City. Burhenn & Gest
BURHENN & GEST LLP
Eric Fresch
City Administrator
October 3, 2007
Page 3
anticipates billing the City monthly. The City agrees that Burhenn & Gest's statements
are due upon receipt and will be paid within 30 days thereafter.
4. Conflicts. Burhenn & Gest has multiple clients. Although Burhenn &
Gest hopes it never happens, it is possible that an adverse relationship (including
litigation) could develop in the future between the City and one of Burhenn & Gest's
other clients. If Burhenn & Gest is not representing the City in that future matter and that
future matter is not substantially related to Burhenn & Gest's representation of the City in
the above referenced matter, the City agrees that Burhenn & Gest may represent the other
client. (In its engagement letters with its other clients, Burhenn & Gest has asked for
similar agreements to preserve Burhenn & Gest's ability to represent you.)
As set forth above, other cities have requested this office to represent them
before the Commission on State Mandates with respect to their claims for reimbursement
for costs incurred in complying with the inspection and trash receptacle obligations
imposed by the Los Angeles County Municipal Stormwater Permit. In addition, this
office has represented and continues to represent the County of Los Angeles with respect
to the County's claims for reimbursement arising from the industrial inspections and the
installation of trash receptacles. It is agreed that the City waives any conflict of interest
or potential conflict of interest that could arise from this offices' representation of any
other city or the County of Los Angeles with respect to these matters. Other cities and
the County are providing the same waiver with respect to the City of Vernon.
Once again, Burhenn & Gest is pleased to have this opportunity to work with you.
If you have any questions or comments during the course of this representation, please
call me at (213) 688-7715.
Very truly yours,
Howard Gest
HDG:da
BURHENN & GEST LLP
Eric Fresch
City Administrator
October 3, 2007
Page 4
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates shown
below.
Executed at
Burhenn & Gest LLP:
By: ,
Howard Gest
City of Vernon:
Leonis C. Malburg, Mayor
Date:
ATTEST:
Manuela Giron, City Clerk
APPROVED AS TO FORM:
Jeff Harrison, City Attorney
California, on , 2007
SUPPORTING
DOCUMENTS
BURHENN & GEST LLP
624 SOUTH GRAND AVENUE
SUITE 2200
Los ANGELES, CALIFORNIA 90017
TELEPHONE (213) 688-7715
FACSIMILE (213) 688-7716
WRITERS DIRECT NUMBER
(213) 629-8787
October 3, 2007
Eric Fresch
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
WRITERS E-MAIL ADDRESS
hgest@burhenngest.com
Re: Proceedings Before The Commission on State Mandates For
Recovery of Inspection and Trash Receptacle Costs Imposed By The
Los Angeles County Municipal Stormwater Permit
Dear Mr. Fresch:
Thank you very much for deciding to retain Burhenn & Gest LLP ("Burhenn &
Gest"). This letter will formalize the City of Vernon's engagement of Burhenn & Gest
and set forth the terms of that engagement. If the terms set forth below are acceptable,
please sign the original of this letter and return it to my attention.
l . Client, Scope of Representation. The client in this matter will be the City
of Vernon (the "City"). Burhenn & Gest will advise the City in connection with, and the
scope of Burhenn & Gest's engagement and duties will relate solely to, the representation
of the City before the Commission on State Mandates regarding reimbursement for the
cost of industrial inspections and the installation of trash receptacles imposed by the Los
Angeles County Municipal Stormwater Permit. The City may limit or expand the scope
of this representation from time to time, provided that Burhenn & Gest must agree to any
substantial expansion.
2. Term of Engagement. The City's engagement of Burhenn & Gest shall
commence upon the City's execution and return of this letter. Either the City or Burhenn
& Gest may terminate this engagement at any time for any reason by written notice,
subject on Burhenn & Gest's part to the applicable rules of professional responsibility. In
the event that Burhenn & Gest terminates the engagement, Burhenn & Gest will take
such steps as are reasonably practicable to protect the City's interests in the above matter.
BURHENN & GEST LLP
Eric Fresch
City Administrator
October 3, 2007
Page 2
Unless previously terminated, Burhenn & Gest's representation of the City will
terminate upon Burhenn & Gest sending its final statement for services rendered.
Following such termination, any otherwise nonpublic information that the City may have
supplied to Burhenn & Gest, which is retained by it, will be kept confidential in
accordance with applicable rules of professional responsibility. If, upon such
termination, the City wishes to have any documents delivered to it, the City shall advise
Burhenn & Gest within ten days. Otherwise, all such documents will be transferred to the
person responsible for administering Burhenn & Gest's record retention program. For
various reasons, including the minimization of storage, Burhenn & Gest reserves the right
to destroy or otherwise dispose of any such documents retained by it.
The City is engaging Burhenn & Gest to provide legal services in connection with
the above referenced matter. After the completion of this matter, changes may occur in
the applicable laws or regulations that could have an impact upon the City's future rights
and liabilities. Unless the City actually engages Burhenn & Gest after the completion of
this matter to provide additional advice on issues arising from them, Burhenn & Gest has
no continuing obligation to advise the City with respect to future legal developments.
3. Fees and Expenses. Burhenn & Gest's fees will be based on the billing
rate for each attorney and legal assistant devoting time to this matter. Burhenn & Gest's
billing rate for partners is presently $395 per hour. Time devoted by associates is
charged at $250 an hour and time devoted by legal assistants is charged at $95 per hour.
For the purpose of this proceeding, it is agreed that the billing rate for partners charged to
the City in this matter will be only $295 per hour. Howard Gest, a partner in the firm,
will be chiefly responsible for representing the City in this matter, although other
attorneys may assist from time to time.
Other cities have also requested that Burhenn & Gest represent them before the
Commission on State Mandates to seek reimbursement for the costs they have incurred
with regard to the inspections and the trash receptacles imposed by the Los Angeles
County Municipal Stormwater Permit. Services that are common to all clients
represented by this office will be divided equally amongst the clients. Services that are
unique to the City will be billed solely to it.
Burhenn & Gest will include on its statements charges for performing services
such as photocopying, messenger and delivery service, computerized research, travel,
long-distance telephone, facsimile, word processing and search and filing fees. Fees and
expenses of others (such as consultants, appraisers, and local counsel) generally will not
be paid by Burhenn & Gest, but will be billed directly to the City. Burhenn & Gest
BURHENN & GEST LLP
Eric Fresch
City Administrator
October 3, 2007
Page 3
anticipates billing the City monthly. The City agrees that Burhenn & Gest's statements
are due upon receipt and will be paid within 30 days thereafter.
4. Conflicts. Burhenn & Gest has multiple clients. Although Burhenn &
Gest hopes it never happens, it is possible that an adverse relationship (including
litigation) could develop in the future between the City and one of Burhenn & Gest's
other clients. If Burhenn & Gest is not representing the City in that future matter and that
future matter is not substantially related to Burhenn & Gest's representation of the City in
the above referenced matter, the City agrees that Burhenn & Gest may represent the other
client. (In its engagement letters with its other clients, Burhenn & Gest has asked for
similar agreements to preserve Burhenn & Gest's ability to represent you.)
As set forth above, other cities have requested this office to represent them
before the Commission on State Mandates with respect to their claims for reimbursement
for costs incurred in complying with the inspection and trash receptacle obligations
imposed by the Los Angeles County Municipal Stormwater Permit. In addition, this
office has represented and continues to represent the County of Los Angeles with respect
to the County's claims for reimbursement arising from the industrial inspections and the
installation of trash receptacles. It is agreed that the City waives any conflict of interest
or potential conflict of interest that could arise from this offices' representation of any
other city or the County of Los Angeles with respect to these matters. Other cities and
the County are providing the same waiver with respect to the City of Vernon.
Once again, Burhenn & Gest is pleased to have this opportunity to work with you.
If you have any questions or comments during the course of this representation, please
call me at (213) 688-7715.
Very truly yours,
Howard Gest
H DG: da
BURHENN & GEST LLP
Eric Fresch
City Administrator
October 3, 2007
Page 4
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates shown
below.
r7
Executed at ,.k California, on / , 2007
Burhenn & Gest LLP:
By:
Howard Gest
City of Vernon:
feons C. Malburg,\Ma o '
Date:
AVEST:
X't�-
Nfanu-cla Giron, tity C14rk
APPROYFD AS TO FORM:
*Je- son, City Attorney
I73
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
October 17, 2007
Mr. Howard Gest
Burhenn & Gest LLP
624 S. Grand Avenue, Suite 2200
Los Angeles, CA 90017
Re: Letter Agreement
Dear Mr. Gest:
Transmitted herewith is a fully executed letter agreement and a copy
of Resolution No. 9446, approved by City Council on October 15, 2007.
If you have any questions regarding this matter, please call Mr. Kevin
Wilson, at (323) 583-8811 ext. 245.
Very truly yours,
Nelly Gir
City Clerk
NG:dr
c: Rory Burnett
Sharon Duckworth
S. Kevin Wilson
Resolution No. 9446
Agreement File No. 07-119
), clusive(y Industriaf