15. Interim City AttorneyOFFtCE OF THE CITY ATTORNEY
Charles T. Kilian, City Attorney
~~ ~ I 20410 TOWN CEN7-ER LANE #21 O - CUPERTINO, CA 95014-3255
C O P E RT I N O TELEPHONE: (408) 777-3203 • FAX: (408) 777-3201
December 10, 2008
Honorable Mayor and Members
of the City Counciimembers
City of Cupertino
10300 Tone Avenue
Cupertino, CA 95014
Re= Appointment of an interirn City Attorney
Dear Mayor and Councilmembers:
As you are aware, the contract for my legal services expires on December 31, 2008_
From my discussions with the Mayor and City ~Aanager, it is apparent that any new attorney
selected by the City Council as my permanent replacement will not likely take office until
after the first council meeting in January_ It therefore becomes necessary to appoint an
interim City Attorney to serve commencing January 1, 2009 until such time as my
permanent replacement becomes available.
For the last year, the firm of Atkinson-Farasyn, LLP (Marc Hynes and Steve Baird)
have served in capacity of Acting City Attorney and Assistant City Attomey_ Cunently the
firm is handling, on behalf of the City, an appeal pending before the fi'r' District Court of
Appeals (the "Critzer° litigation) as well as a number of pending code enforcement matters.
Attached is a copy of the firm's current contract with the City.
! have asked Mr. Hynes to submit a nevv written contract to the Council which will
allow him or the firm to provide legal services o~n an interim basis until the new City Attorney
comes on board. Of course, the Council may ~~ppoint any attorney it wishes to perform
these functions. However, in order to avoid a clangorous gap in legal services, the council
should appoint an attorney or firm at its December 16`r' meeting, or at a special meeting
prior to December 31, 2008.
Sincerely
G
Charles T. Kilian
CTK/djb
Enc.
cc_ Dave Knapp
Marc Hynes
1s-~
ATT'ORNEYS' SERVICE AGREEMENT
BETWEEN
CITY OF CIJPERTINO
AND
ATKINSON-FAR-A~yN, LLP
The City of Cupertino (°CITY") hereby retains the firm of Atkinson-Farasyn, LJ~
("ATTORNNEY") to provide services to City on the terms set out below_
A. The services provided include the following:
1- Representation of and advice to the Council, City Boards and Commissions,
and all City officials in legal matters of municipal government_
This includes:
a- Attendance at City Council meetings, except study sessions, unless
excused by the Mayor or Council;
b- Attendance at Plann;ng Commission meetings;
c- Consultation with the City Manager and Department Heads or
authorized representatives;
d- Telephone and correspondence with members of the public and press;
e- Preparation and review of all proposed ordinances, resolutions,
contracts, and other documents pert•n;r~ing to the City's business;
£ Code enforcement including Iitigation_
B. The fee for these services if $200.00 per hour, effective January I, 2008_
C- "Litigation" includes court or ad.*.;..;atrative proceedings of every type or
nature, and includes client conferences, file and report review, interviews, Iegal
.research, site visits, and discussions with witnesses and experts prior to formal
commencement of proceedings_
D- For litigation matters, in addition to the hourly charge set out in B above, ATTORNEY
shall be compensated for actual expenses for process service, transcripts, copying, expert
consultants and facsimile transmission charges_
E- The legal services described above will be provided by Marc G. Hynes, or if he is not
available, by other members of Atkinson-Farasyn, LLP as determined by him. It is
anticipated that the principal back-up will be provided by Harold S_ Toppel and/or Steven
G_ Baird_
is-z
F. This agreement shall continue until. terminated, and may be terminated by either party on
thirty (30) days written notice_
Dated= December 2007.
lts:
CITY OF CUPERTINO
By C_
Lam-' N e
15-3
EXHIBITS
BEGIN
HERE
ATKINSON . FARASYN, LLP
ATTORNEYS AT LAW
660 WEST DANA STREET
REPLY TO: P.O. BO.K 279 J.M. ATKINSON (7892-7982)
MARL G. HYNES MOUNTAIN VIEW, CALIFORNIA 94042 L.M. FARASYN (7915-1979)
TELEPHONE (65CI) 967-6941
FACSIMILE (650) 967-1395
December 11, 2008
Charles T. Kilian
20410 Town Center Lane, -Suite 210
Cupertino, CA 95014-3255
Re: Agreement for Interim City Attorney Services
Dear Chuck:
This follows our telephone conversation of Tuesday, December 9, 2008, regarding
interim city attorney services for the City of Cupertino for signature by the City Manager.
Steve and Hal and I would be pleased to provide whatever services are needed by the city
pending its final action to appoint a new city att;orney_
Please let me know if you have any quesi~ions about the agreement which is
enclosed. It proposes services at an hourly rate of $200.00 per hour. This time, I am
assuming that Steve and I would continue much as we have over the past year which is
that Steve would provide code enforcement services and I will be available to attend city
council meetings and otherwise city staff as x
MGH:cwb
Enclosure
ATTORNEY'S SERV[CE AGREEMENT
BETWEEN
CITY OF CU PERTINO
AN:D
ATKINSON-FARASYN, LLP
The City of Cupertino <`City") hereby retains the firm of Atkinson-Farasyn, LLP
("ATTORNEY") to provide interim city attorney services to CITY on the terms set out
below.
A. The services provided include the following:
1. Representation of and advice to the Council, City Boards and Commissions,
and all City officials in legal mattes of municipal government.
This includes:
a_ Attendance at City Council meetings, except study sessions, unless
excused by the Mayor or Council_
b. Attendance at Planning Commission meetings;
c. Consultation with the Cit. Manager and Department Heads or
authorized representatives;
d. Telephone and correspondence with members of the public and press-
Preparation and review of all proposed ordinances, resolutions,
contracts, and other documents pertaining to the City's business;
f. Code enforcement includirig litigation.
B. The fee for these services is $200.00 per hour, effective January 1, 2009.
C. "Litigation" includes court or administrative proceedings of every type or nature,
and includes client conferences, file and report review, interviews, legal research, site visits,
and discussions with witnesses and experts prior to formal commencement of proceedings.
D. For litigation matters, in addition to the hourly charge set out in B above,
ATTORNEY shall be compensated for actual expenses for process service, transcripts,
copying, expert consultants and facsimile transmission charges.
E_ The legal services described above will b~~ provided by Marc G. Hynes, or if he is not
available, by other members of Atkinson-Faras3•n, LLP as determined by him. It is
anticipated that the principal back-up will be provided by Harold S. Toppel and/or Steven
G. Baird.
F. This agreement shall continue until terminated and may be terminated by either
party on thirty (30) days written notice.
Dated: December .2008.
CITY OF CUPERTINO
By:
David Knapp
City Manager