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A <br />CITY COUNCIL MEETING DATE: <br />MAY 17, 2016 <br />TITLE; <br />AGREEMENT FOR SPECIAL LEGAL COUNSEL <br />SERVICES WITH RICHARDS, WATSON & GERSHON, <br />APC RELATED MEASURE BB LITIGATION, <br />GENERAL ADVICE AND LEGAL REVIEW <br />{STRAGIC PLAN NO. 1, 3, 4, 51 <br />J <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />As Recommended <br />❑ <br />As Amended <br />M <br />Ordinance on 180 Reading <br />❑ <br />Ordinance on 2 "a Reading <br />❑ <br />Implementing Resolution <br />© <br />Set Public Hearing For_ <br />CONTINUED TO <br />FILE NUMBER <br />Authorize the City Manager and the Clerk of the Council to execute an agreement with Richards, <br />Watson & Gershon, APC, for legal services related to legal challenges involving Measure BB — a <br />Medical Marijuana voter - initiative, at the specified rates, general advice and legal review for a <br />two year term ending May 30, 2018 in the amount of $795,000, subject to non - substantive <br />changes approved by the City Manager and the City Attorney, <br />DISCUSSION <br />Richards, Watson & Gershon, APC (RWG), is well known for providing municipal law services to <br />public entities and has done so since 1954. It represents more than 50 public agencies and <br />serves as City Attorney for more than 25 cities. The firm is headquartered in Los Angeles and <br />has offices in Brea, Temecula, and San Francisco. <br />On May 19, 2015, the City Council approved an agreement with RWG for legal services to <br />defend the City in a series of seven (7) lawsuits challenging the constitutionality of the City <br />initiative known as Measure BB. Since May 2015, five (5) additional lawsuits have been filed <br />against the City related to Measure BB and its enforcement and one administrative action arose <br />regarding the implementation of Measure BB. <br />Of the twelve lawsuits filed against the City, only three remain pending. Two of those cases have <br />not yet been set for trial which is not expected until next year. The third and final lawsuit has a <br />trial date of July 25, 2016. The nine dismissed lawsuits were resolved by the City paying zero <br />dollars to those plaintiffs. <br />In addition, RWG has provided general advice and legal review to the City on a case -by -case <br />basis when urgent matters arise in relation to election issues or personnel matters requiring <br />immediate attention. This agreement will authorize the City Attorney to call upon RWG for legal <br />25A -1 <br />