The URL can be used to link to this page

Home My WebLink AboutCA Dominican College Development Legal CounselCITY �� - '1111�,,.,��,�_ 12 OFAGENDA ITEM NO.: . �L MEETING DATE: 7-1-96 SAN RAFAE P 0 BOX 60. SAN RAFAEL CALIF 94915 PHONE (4151456-1112 REPORT TO MAYOR /AND CITY COUNCIL SUBJECT: RES TION AUTHO Z-IPIC EXECUTION OF AN AGREEMENT WITH LELAND H. JORDAN, ATT EY, AS CITY' SPECIAL COUNSEL IN CONNECTION WITH THE DE OPMENT PPROVAL ROCESS FO THE DOMINICAN COLLEGE DEVELOPMENT P 0 CT. C ��-- SUBMITTEDB ..................................... PROVED BY' ... ..... ................................. ......... ...... Gary Ragghianti, City Attorney city Manager - DATE: 6-26-96 RECOMMENDATION: Execution of the Agreement between Leland H. Jordan and the City of San Rafael for legal services in connection with the Dominican College Development Project.. SUMMARY: The private residence of Gary T. Ragghianti, City Attorney, lies within 300 of the proposed Science and Technology Building. at Dominican College To avoid any appearance of potential conflict, the entire City Attorney's Office has recused itself from providing legal services to City staff in connection with this Dominican College Development Project. See attached material: 1. Letter from Ragghianti to Pendoley dated 1-18-96. 2. Letter from Ragghianti and Guinan to City staff dated 5-20-96. 3. Letter from Guinan to Jordan dated 5-23-96. V File No. Council Meeting Disposition __. LL /�(, 96� 6• RESOLUTION NO. 9636 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LELAND H. JORDAN, ATTORNEY, AS THE CITY'S SPECIAL COUNSEL IN CONNECTION WITH THE DEVELOPMENT APPROVAL PROCESS FOR THE DOMINICAN COLLEGE DEVELOPMENT PROJECT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an Agreement with Leland H. Jordan, as the City's special counsel in connection with the development approval process for the Dominican College Development Project. A copy of this Agreement is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the I" day of July, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAVE M. LEONCINI, City Clerk AGREEMENT FOR CONTRACT LEGAL SERVICES RELATED TO DOMINICAN COLLEGE DEVELOPMENT PROJECT This Agreement is made this lst day of JULY , 1996, between LELAND H. JORDAN, hereinafter referred to as "Attorney", and the CITY OF SAN RAFAEL, A Municipal Corporation, hereinafter referred to as "City". Attorney agrees to provide City consulting, representational and legal services pertaining to the Dominican College Development Project, hereinafter referred to as "Dominican Project' including advice to City staff, and representation in administrative and court proceedings as requested by the City. The place and time for such services are to be designated by the City through its designated representative(s). City hereby designates Attorney as its special counsel through the development and approval process of the Dominican Project and agrees to pay Attorney at the rate of One Hundred Twenty -Five Dollars ($125.00) per hour for services provided by Attorney, including reasonable travel time, and any necessary travel or other costs and expenses as authorized by the City It is expressly understood and agreed that Attorney, while engaged in carrying out and complying with any of the terms of this Agreemen±, is an independent contractor and is not an employee of the City. The term of this Agreement will be from 1996, through j 1AhB 30 ,1999 CITY OF SAN RAFAEL A Municipal Corporation i ALBE J. O, Mayor ATTEST: A - JEW� M. LEONC ,City Clerk M: /City Attorney r uRlGINR,t ROBERT F. EPSTEIN PATRICK M. MACIAS 1. RANDOLPH WALLACE 1. MARK MONTOBBIO JOHN RALPH THOMAS, JR. GARY T. RAGGHIANTI, INC. RAGGHIANTI • THOMAS • MONTOBBIO • WALLACE AN ASSOCIATION INCLUDING A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 874 FOURTH STREET SAN RAFAEL, CALIFORNIA 94901-3246 Robert Pendoley City of San Rafael 1400 Fifth Avenue P.O. Box 60 San Rafael, CA 94915-0060 Dear Bob: January 18, 1996 Re: Dominican College RE El.VD JAN 2 219% CIN ATTORNEY CITY OF SAN RAFAEI. TELEPHONE [415J A53-9433 FAX [415] 453-8269 As I recently discussed with you, I am writing to formally advise of my decision to recuse myself from rendering any advice to the City in connection with Dominican College's recent application for development of their campus property. I have resided directly across the street from the campus since 1979. The proposed Science and Technology Building which I understand is contemplated to be approximately 30,000 square feet is within 300 feet of my home. Moreover, the project as proposed may have detrimental impacts, not only on my property, but also on properties of neighbors located both on Palm and Olive Avenues, many of whom have also expressed concern regarding this proposed structure. For this reason, I do not believe it is appropriate for me to render legal advice to the City on this application. As a private citizen, I am already concerned about the high level of traffic and associated parking congestion which currently exists on Palm and Olive Avenues directly related to operation of the College or in connection with social or educational events using college facilities. The prospect of a 30,000 square foot building directly across the street gives me great pause. While I applaud the excellence of Dominican College's academic pursuits and its attendant growth, I am very concerned about the impact of this portion of the College's plan on our neighborhood generally and on my home specifically. Robert Pendoley January 18, 1996 Page 2 strongly urge preparation of an EIR for the project. This should be of great assist in articulating the impacts I am concerned about, as well as in identifying effective mitigation measures as well. I will advise the other members of my office of my decision in this regard as well as the acting City Manager and Mayor. Very truly y ary T. Ragghianti GTR:dle cc: Gus Guinan, Assistant City Attorney Suzanne Golt, Acting City Manager Al Boro, Mayor Attornev/Client Privilege CITY OF SAN RAFAEL SAN RAFAEL, CALIFORNIA ]NTERDEPARTIVIENTAL IVIEMORANDUM DATE: May 20, 1996 TO: Mayor Boro and Councilmembers Suzy Golt, Acting City Manager Dave Bernardi, Public Works Dir Bob Pendoley, Planning Directo FROM: Gary T. Ragghianti, City Attorney Gus Guinan, Assistant City Attor�, RE: Dominican College Development Application -- City Attorney's Office Conflict On January 18, 1996, Gary Ragghianti advised you that, as his residence is within three hundred (300) feet of Dominican College, he wished to disqualify himself from providing any legal; advice to the City concerning the development review process regarding this project. A copy of his letter is attached. No decision was made at that time regarding -the disqualification of the City Attorney's Office as a whole. Mr. Jeffrey Bialik, Vice President of Dominican College has now raised this issue in a conversation he had with Planning Department staff on Friday, May 17, 1996, in which he stated that he believed that the entire City Attorney's Office should be disqualified due to Gary's previously stated conflict. Gary and I discussed this issue yesterday morning and agreed that, regardless of the technical existence or non-existence of a conflict, the general perception will be that the office as a whole has a conflict in regard to this project. As a result, he believes that it is in the best interest of all concerned that the City Attorney's Office not handle this matter. In this way we can lay to rest any remnants of unfounded paranoia that may exist concerning the contents of Gary's January 18, 1996 letter attached. I have contacted the office of Lee Jordan, former City Attorney of Mill Valley, Sausalito and currently representing Fairfax. He is an experienced land use practitioner, who can handle all legal aspects of this development application. Once Lee has confirmed acceptance of this matter, all legal questions regarding the project should be directed to him and not to this office. If you have any questions regarding this issue, please call us. GG/mhp Attachment OFFICE OF THE CITY ATTORNEY Gary T. Ragghianti. City Attomey Clark E. Guinan, Asst. City Attomey Eric T. Davis, Deputy City Attomey PHONE: (415) 485-3080 FAX: (415) 485-3109 May 23, 1996 Leland Jordan Attorney at Law 47 Skyview Terrace San Rafael, CA 94903 RE: Dominican College Development Project Dear Lee: Mayor Alberc J. Boro Council Members Paul M. Cohen Barbara Heller Gary O. Phillips Oavid J. Zappeurvi This letter will confirm my telephone conversation with you in which I asked you to handle all legal aspects of the Master Plan application recently submitted by Dominican College to the City of San Rafael and its staff As I explained to you, Gary lives within close proximity to this project. He has recused himself from rendering any legal advice to the City regarding this matter several months ago. (See attached letter of Gary T. Ragghianti to Planning Director Pendoley dated January 13, 1996. Although legally unnecessary in his opinion, so that there does not appear to be any appearance of potential conflict, Gary has requested that our entire office recuse itself also. We would like you to handle the matter for the City. Please forward to me your regular fee schedule and I will draft up a short agreement for your review, comment, and approval. I have inf6rmed Bob Pendoley of the recusal of our office and of your involvement in this matter. In the immediate future, he will contact you to arrange a meeting to familiarize you with the facts, circumstances, and status of this project. Thank you for your assistance in this matter. Please call me should you have any questions. Thanks again. Verkjtru�t yours, GUINAN sistant City Attorney GG/mhp cc: Gary T. Ragghianti Bob Pendoley 1400 FIFTH AVE., P.O. BOX 151560, SAN PAFAEL, CA 94915.1560 FACSIMILE. 415 45S-2242 T.O.D.; 415 485-3198 RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WIAH LELAND H. JORDAN, ATTORNEY, AS THE CITY'S SPECIAL COUNSEL IN CONNECTION WITH THE DEVELOPMENT APPROVAL PROCESS X FOR THE DOMINICAN COLLEGE DEVELOPMENT PROJECT THE CITY COUNCIL OFCITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an Agreement with Leland H. Jordan, as the City's special counsel in connection with the development approval process for the Dominican College Development Project. A copy of this Agreement is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of e City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro laced and adopted at a regular meeting of the City Council of said City held on Monday, the I" day of July, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: t JEANNE M. LEONCINI, City Clerk ROUTING SLIP FOR APPROVAL OF CONTRACT/AGREEMENTS/ORDINANCES/RESOLUTIONS INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF ORIGINAL CONTRACT/ AGREEMENT/ORDINANCE/RESOLUTION BEFORE APPROVAL BY COUNCIL/AGENCY FROM: Gary T. Ragghianti Date: 6-26-96 Originating Department: City Attorney TITLE OF DOCUMENT: i SRRA/SRCC AGENDA ITEM NO. ( _ 7-1-96 DATE OT METTTNG RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LELAND H. JORDAN. ATTORNEY, AS THE CITY'S SPECIAL COUNSEL IN CONNECTION WITH THE DEVELOPMENT APPROVAL PROCESS FOR THE DOMINICAN COLLEGE DEVELOPMENT PROJECT. GTR Department Head (Signature) H !_, E JUN 2 6 W6 WYATTORNEY (LOWER HALF OF FORM FOR APPROVALS ONLY) REVIEWED BY CITY MANAGER/EXECUTIVE DIRECTOR APPROVED AS COUNCIL/AGENCY AGENDA ITEM NOT APPROVED REMARKS: ] cc7 Finance Director: Attached is one copy of document. Please review for financial impact. White ------- City Clerk's Office, with Oriqinal Document Green ------- City Manager's Office Canary-- ---- Originating Department c4 Pink --------Finance Director Gulden rod---Prelin+inary File Copy -0 inatinq Department TO: APPROVED AS TOO FORM: City Attorney (Signature) 9/77CC