Loading...
CC - Item 3A - Payment of Legal Cost for Council Member ArmentaROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY 9QUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JUNE 30, 2009 SUBJECT: PAYMENT OF LEGAL COSTS FOR COUNCIL MEMBER ARMENTA SUMMARY This item has been continued from the June 9, 2009 City Council meeting. Council Member Armenta has requested that the City consider paying for her defense costs related to the legal challenge that was made by John Tran in contest of the March election. In conferring with the City Attorney, California Government Code section 36812.5 provides in relevant part that "A city may defend any person elected to the city council in any election contest instituted for any of the causes set forth in subdivisions (a), (d), or (e) of section 16100 of the Elections Code." Elections Code section. 16100(e) includes a challenge to an election based upon an allegation "that the precinct board in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected." The complaint in the Tran v. Armenta suit clearly falls within the scope of 36812.5 and 16100(e) and due to the fact that Council Member Armenta's interests in the case were different from and potentially in conflict with those of the City and City Clerk, it is appropriate that she was represented by a firm other than Burke, Williams & Sorensen, LLP. The City Attorney has review the bills. Staff Recommendation That the City Council provide direction regarding the payment of legal fees for Council Member Armenta in the Tran v. Armenta case. FINANCIAL IMPACT The total cost of legal services related to the legal challenge for Council Member Armenta is $25,001.96. An appropriation from the General Fund will be required as these funds were not previously included in the budget. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: T Matthew awkesworthAssistant City Manager APPROVED FOR CITY COUNCIL AGENDA: Item No.~ REED & DAVIDSON, U.P ATTORNEYS AT I.AW 04NA W. REED - 3699 WILBMIFE DOV LE'/ai0 CAR, MA,...I vVne 1290 JAMES A. 51VE51ND STUART L. LEVrtON LOS ANGELES, CALIFORNIA 9C0(0-2732 FLORA S. YIN W1W.i`OLITICALLAW.C0P: DANIEL N. A9R<MSON DF COVNSEL DARRVL G. WOLD- BRADLEY W, HERTZ JERRY 4A'TGA?°T SIMMONS' LLSJ AGMI: TLD IN THE DISTRICT Oi COLVMDIA June 22, 2009 (revised from April 21, 2009 bill) In Reference To: Rosemead Election Recount TELCP.ONE (2131 6a=-e20D IACS1IIILE (2131 623-16fl2 Professional Services Hours Amount 311212009 DWR T elephone tali with regarding Rosemead election 0.40 198.00 3/18/2009 DA Telephone call with re recount; legal research 070 210.00 regarding recount process; analysis; analysis of same with Cary Davidson. CD Analysis regarding recount. 0.30 148.50 JS Telephone call with regarding recount; review 0.30 120.00 request for recount from Mr. Tran's attorney. DVVR Telephone call with JINJIM analysis regarding 2.00 990.00 -review materials from Daniel Abramson. 3/1912009 DA Preparation for and attendance at recount. 1470 14,410.00 IS Preparation for and attendance at recount. 7.50 3,000.00 DWR Telephone calls regarding recount issues. 1.75 866.25 For professional services rendered 27.65 $9,942.75 Addiiion al Charges: 3,13112009 ? iileage . $47.16 °arking. $12.05 Total costs Total amount of this bill 3120/2009 Payment- thank you Total payments and adjustments Balance due $59.21 $10,001.96 ($5,000.00) ($5,000.00) $5,001.96 DANA W. REED CARY OAVIOSON JAMES A. SIVESINO STUART L. LEVITON FLORA 5. YIN DANIEL K. ABRAMSON OF COVNSEL DARRYL R. WOLO* BRADLEY W. HERTZ JERRY MARGARET SIMMONS REED & DAVIDSON, LLP ATTORNEYS AT LAW 3699 WILSHIRE BOULEVARD SUITE 1290 LOS ANGELES, CALIFORNIA 90010-2732 W W W.POLITICALLAW.COM June 22, 2009 'ALSO ADMITTED IN THE DISTRICT OF COLUMBIA In Reference To: Rosemead Election Contest Litigation Professional Services TELEPHONE 1213) 621-6200 FACSIMILE (2131 623-1692 Hours Amount 3/24/2009 DA Prepare for and participate in court hearing regarding request for temporary restraining order to prevent certification of election. (transferred from Election Recount bill) 5/1/2009 DWR Review documents from Brad Hertz regarding Rosemead election contest; telephone call with Brad Hertz regarding same. BH Draft messages to opposing counsel; review messages from opposing counsel; legal research regarding protective orders and document production in election contests; legal research regarding standard of review in election contests. 5/2/2009 BH Draft message to opposing counsel; telephone call to Steven Baric; legal research regarding various election contest issues, including evidentiary issues, protective orders and discovery issues . 5/312009 BH . Legal research regarding various election contest issues; prepare for 5/4/09 "meet and confer' conference call with opposing counsel; review election documents. '4/2009 DWR Review and revise proposed trial preparation schedule; analysis of same with Brad Hertz. BH 3.40 1,020.00 0.20 99.00. 1.30 487.50 1.20 450.00 0.80 300.00 0.50 247.50 Messages from and to Sandra Armenta regarding case status and 1.20 450.00 strategy; continue preparing for, and participate in "meet and confer" conference call with opposing counsel; messages from and to analysis regarding case status and strategy; prepare for 515/09 conference; further legal research regarding various election contest issues; review City Clerk's declaration. Page 2 Hours Amount 5/5/2009 DWR Analysis of Rosemead Election Contest issues with Brad Hertz. 0.40 198.00 BH Continue preparing for, and attend, status conference at court; 2.80 1,050.00 conference with court clerk and opposing counsel; review election documents; analysis regarding case status and strategy; draft message to_legal research; prepare for 5/6/09 document review at Rosemead City Hall. 5/6/2009 BH Continue preparing for, and attend, document review at Rosemead City 4.70 1,762.50 Hall; conferences with opposing counsel and City Clerk; review election documents; legal research; conference with Sandra Armenta; outline trial brief. 5/7/2009 BH Further legal research regarding various trial issues; draft trial brief 4.30 1,612.50 regarding standard of review; telephone conference with City Attorney; review election documents. 5/8/2009 DWR Review trial briefs in election contest matter, analysis of same with Brad 0.80 396.00 Hertz. DA Review and edit trial brief for election contest; review opposing parties' 1.10 330.00 trial. 5/9/2009 BH Continue reviewing. opposing counsel's trial briefs; draft reply brief; legal 1.20 450.00 research; analysis regarding pre-trial strategy. 5110/2009 DWR Further review and analysis of trial briefs in election contest matter. 1.50 742.50 5/1112009 DWR Analysis of Plaintiffs reply brief in election contest. 0.40 198.00 DA Review and revise reply brief. 0.10 30.00 BH Review John Tran's reply brief; telephone conference with Greg Murphy; 1.80 675.60 review City Clerk's notice of errata; revise reply brief; prepare exhibits for 5113109 court hearing. 5/122009 SH Revise and finalize reply brief; draft objections to John Tran's reply brief; 1.70 637.50 review City Clerks reply brief; pre are for 5/13/09 court hearing; telephone conference with review messages from Patrice Salseda and Greg rp y. 5/13/2009 SH Continue preparing for, and attend, court hearing on standard of review; 3.80 1,425.00 review Election Officials Digest; review roster of absentee and provisional voters whose ballots were rejected; messages to and from opposing counsel; review court's tentative ruling; telephone conference with legal research; review John Tran's list of conteste a o s; review affidavits of voters; outline supplemental trial brief. DWR Review evidentiary issues with Brad Hertz; review and revise trial brief in 1.20 594.00 election contest; analysis of same with Brad Hertz. Page 3 Hours Amount 51`1312009 DA Analysis of Elections Code regarding City Clerk's duties to review VBM 0.30 90.00 envelopes during recount. 5/1412009 DA Review and revise supplemental trial brief. 0.20 60.00 BH Telephone conference with Greg Murphy; draft supplemental trial brief; 3.20 1,200.00 legal research; review message and additional voter affidavits from Steven Baric; draft message to o posing counsel; continue preparing for trial; telephone conference with DWR Review and analysis of additional filings by Plaintiff in election contest; 0.50 247.50 analysis of same with Brad Hertz. . 5/15/2009 BH Revise and finalize supplemental trial brief; continue reviewing voter 3.50 1,312.50 documents in preparation for trial; review notes from 5/13/09 court hearing; review voter affidavits; research regarding "arbitrary and capricious" standard; review City Clerk's supplemental trial brief and Gloria Molleda, Scott Martin and Linda Hudson declarations; draft message toreview John Tran supplemental trial brief and Jess Dines declara ion; review John Tran's exhibit list and witness list; analysis regarding case status and strategy. DWR Further analysis of pleadings with Brad Hertz; review evidence lists. 0.70 346.50 5/16/2009 BH Continue reviewing John Tran's pre-trial filings; messages to - from Greg 0.80 300.00 Murphy regarding same; analysis regarding case status and strategy; continue preparing for trial; outline objections to John Tran's trial exhibits, affidavits and witnesses. 5/17/2009 BH Continue reviewing trial briefs and preparing for trial; further review of 0.70 262.50 voter documents; organize trial notebooks. 5/18/2009 DWR Review legal issues with Brad Hertz regarding election contest; review 0.80 396.00 and revise Points and Authorities regarding same; further analysis with Brad Hertz regarding same. BH Draft message to Greg Murphy; telephone conference with Greg Murphy; 2.80 1,050.00 continue preparing for trial; draft message.to Patrice Salseda; analysis regarding case status and strategy; draft message tom review exhibits; review relevant case law and Elections Code provisions. P19/2009 DWR Preparation for and attendance at Election Contest in Departme t 85 3.00 1,485.00 consult with Brad Hertz regarding trial strategy; conference with and opposing counsel. BH Review John Tran's amended witness list; continue preparing for trial; 9.20 3,450.00 attend and participate in trial; prepare for possible witnesses Raymond Oliande and John Tran; prepare objections to evidence; legal research regarding motions for non-suit and judgment after plaintiffs case-in-chief; continuing trial bindery conference with opposing counsel a d telephone conferences with Sandra Armenta, draft notes to file regarding trial strategy and ma ers to Page 4 Hours Amount prepare for 5/22/09 resumed trial; legal research regarding witnessed signatures. 5/20/2009 DA Review and revise supplemental trial brief; phone call with Brad Hertz 1.20 360.00 and Dana Reed regarding same. BH Further legal research regarding voter and witness signatures; draft . 8.30 3,112.50 supplemental brief on witness signature issue; messages to and from opposing counsel; investigation regarding Tina Phung and John Phung; conference call with opposing counsel; review voter documents; research regarding definitions of "signature" and "mark;" anal sis regarding case statrategy; telephone conference with draft message to DWR Discussions with Brad Hertz regarding evidence to be produced on 0.70 346.50 second day of trial; review documents regarding same. 5/21/2009 BH Review John Tran's and City's supplemental trial briefs* telephone 1.50 562.50 telephone conference with Greg Mu hy; draft messages to conference with prepare for resumed to analysis regarding case status and s a egy. 5/22/2009 BH Continue reviewing voter materials; continue preparing for resumed trial; 4.70 1,762.50 draft list of Sandra Armenta's rejected absentee and provisional ballot challenges; conferences with opposing counsel attend and participate in resumed trial; draft notes to file regar ing court ruling. DWR Preparation for and attendance at Election Contest in Department 85; 2.50 1,237.50 analysis with Brad Hertz regarding trial strategy; conference with VW opposing counsel 5/27/2009 BH Review messages and proposed judgment from Greg Murphy, draft 1.30 487.50 messa es to Greg Murphy regarding same; review messa a from telephone conferences with Joe Montes ega esearch regarding attorneys fees and costs,. tes from trial; analysis regarding case status and strategy relative to recovery of attorney fees and costs. 5128/2009 BH Messages to and from Greg Murphy regarding proposed judgment; 0.50 187.50 analysis regardin le al issues pertaining to fees and costs; draft message to ?9/2009 BH Review messages from Greg Murphy regarding proposed judgment; 0.10 37.50 review Greg Murphy declaration regarding proposed judgment. For professional services rendered 80.90 $31,449.00 Additional Charges : 5/312009 Filing fees. Parking. Lunch. Transportation. Photocopies. Facsimile. Total costs Total amount of this bill Previous balance 6/192009 Write off. Total payments and adjustments Balance Page 5 Amount $112.00 $16.00 $6.50 $5.00 $1.80 $4.00 $145.30 $31,594.30 $4,560.38 ($21,154.68) ($21,154.68) $15,000.00 The $15,000 balance has been transferred o our_ account and your account has been PAID IN FULL.