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CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
SR 2017-108
July 11, 2017
Orders

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Carolyn Hardy and Jan Reimers, Council Members


Ad hoc Committee to facilitate City Attorney selection

APPROVED BY: Chip Rerig, City Administrator

SUBJECT: Consideration of a resolution authorizing adoption of a contract with G.R. Mozingo,


Esq. APC to serve as City Attorney.

RECOMMENDATION

Adopt a Resolution authorizing the Mayor to execute a contract for legal services with Glen. R. Mozingo, Esq.,
APC (A Professional Corporation), as City Attorney for the initial term of July 15, 2017 to July 15, 2020.

BACKGROUND / SUMMARY

SUMMARY
Don Freeman has served as City Attorney for the past 33 years. In early 2017, he announced his intention
to resign his position as City Attorney with the City of Carmel-by-the-Sea sometime within the year. The City
Attorney is appointed by the City Council and serves at its pleasure as the chief legal officer for the City. On
February 15, 2017, the City Council conducted a public meeting to discuss the selection process
alternatives for a new City Attorney. The Council also reviewed and discussed a draft job description for the
position. The Council appointed Councilmembers Carolyn Hardy and Jan Reimers as the Ad hoc Committee
to facilitate the City Attorney selection process and provided direction.

PROCESS
On Council direction and with staff assistance, the Ad hoc Committee developed a Request for
Qualifications (RFQ) and scope of legal services. The RFQ (Attachment 1: Request for Qualifications) was
circulated on February 22, 2017 with a required response date of March 10, 2017 for submissions. The
applicants were required to submit their qualifications such as overall capabilities, training, and areas of
expertise; their experience; availability and accessibility; current practices; potential conflicts of interest; and
fees and charges.

The City received 16 responses by the deadline. Independent of each other, the Committee members
reviewed all of the applications based on the criteria in the RFQ and later met to discuss findings and
conclusions. The Ad hoc Committee members coincidentally had taken the same approach of dividing the
applications by region: long-distance, regional, and local applicants. Through separate reviews, the same
conclusions were drawn as to the strongest top candidates to recommend to the City Council as finalists
for interview. Additionally, major considerations in evaluating the candidates were the extent to which a
candidate understood the Councils objectives in terms of legal representation, accessibility, and whether
there would be potential conflicts of interest in serving the City.
Through the Ad hoc Committee, the City Council extended an invitation to three candidates to interview
before the entire Council and City Administrator. At the completion of those interviews, and after careful
consideration and deliberation, Mr. Glen Mozingo, Esq. was identified as the preferred candidate that
possessed the desired qualifications and experience, and has a track record of being an approachable
problem-solver in a variety of environments. (Attachment 2: Mozingo Response to RFQ) The Council also
determined that Mr. Mozingo had the interpersonal and solution-oriented skill set desired and extensive
experience in the scope of services that will be required by the City.

ABOUT THE CANDIDATE


Mr. Mozingos municipal involvement is wide and varied: Served as special counsel to the LAPD Police
Chief Daryl Gates for eight years; appointed as counsel by San Diego Mayor Pete Wilson to negotiate for
eminent domain agreements; designed and implemented San Diegos Traffic Watch Program and in the
process negotiated various contracts with the FCC and large corporations; served as trial counsel for
California cities of Escondido, San Diego, Laguna Hills, Vista, and Mission Viejo; served as special
litigation defense counsel to members of the City of San Joan Capistrano Planning Commission; was
general counsel to the County of Sacramento Fire District; negotiated sales, lease and zoning
modifications with the City of Newport Beach to accommodate the sale of theater property.

Mr. Mozingo was involved in legal matters that included CEQA, real estate, environmental issues and
hazardous waste, and compliance with General Plans. He prepared employee policy manuals, presented
seminars relating to anti-harassment policies and practices, represented employers in wrongful termination
and sexual harassment cases. He has handled city litigation matters that included Writs of Mandate,
Pitchess motions, and inverse condemnations.

He has participated in redrafting and modifications of Fair Political Practices Commission


recommendations in 1981 and 1990. He holds a teaching credential and is qualified to instruct others
regarding open government Acts (Public Records Act and Ralph M. Brown Act, conflicts of interest and
Elections Code.)

Mr. Mozingo retired from his law firm and separated from his practice effective December 31, 2016, and
would be able to devote his time to the City Attorney position. It is also worth noting that Mr. Mozingo has
achieved a professional ranking by Martindale-Hubbell (a respected independent national professional
rating service) as A.V. Preeminent, a rating that is awarded to the top 8 % of all lawyers within the United
States and Canada. (Attachment 3: Mozingo Curriculum Vitae)

Additionally, Mr. Mozingo was appointed to the Board of Trustees of the Harrison Memorial Library,
serving under two different Carmel mayors. He has had a home in Carmel for 27 years. Mr. Mozingo
meets our requirement stated in the RFQ as having an interest in and appreciation for Carmels
community and understands Carmels history, unique character and its actively-engaged citizens.

Therefore, the City Council has elected to retain G. R. Mozingo, Esq. as City Attorney. On direction of
the City Council, the Ad hoc Committee negotiated the attached draft Agreement (Attachment 4:
Agreement with G. R. Mozingo, Esq. APC) which is presented for approval and establishes the terms and
conditions of that arrangement.

SCOPE OF SERVICES
Among the list of General Counsel Services, Mr. Mozingo will act as legal counsel representing the City, will
attend council meetings, attend other meetings on request, provide legal advice, consult with and counsel
staff, prepare legal documents, advise on Public Records Act requests, oversee investigations, supervise
outside legal counsel when needed, and provide guidance and training to meet open government
requirements. In providing Extraordinary Services, which have to do mostly with complex matters and
litigation, Mr. Mozingo will, among other things, represent the City in litigation such as Writs of Mandate and
Pitchess motions, and will prosecute Municipal Code violations, infractions and misdemeanors as set out in
our Municipal Code when appropriate.

The proposed Agreement provisions include, but are not limited to, the following:
1. The term begins July 15, 2017 and will run for an initial period of one year, with an option to extend
the agreement.
2. The General Counsel retainer during the FY 2017-2018 is set at $13,000 per month.
3. The Extraordinary Services hourly rate during the FY 2017-2018 is set a $275/hour.
4. Support Services (such as clerical or paralegal) for General Counsel Services are included in the
monthly retainer fee.
5. Support Services for Extraordinary Services will be charged at the rate of $65/hour.
6. Performance reviews are held at three, six, and twelve months from date of hire, then annually
thereafter on extension of the agreement.

Mr. Mozingo will be paid as an independent contractor, and as such, will be responsible for all State and
Federal income taxes, Social Security, and Medicare payments.

Accordingly, the Ad hoc Committee recommends that the Council adopt a Resolution authorizing the Mayor
to execute a contract for legal services with Glen. R. Mozingo, Esq. APC as City Attorney for the initial term
of July 15, 2017 to July 15, 2018.

FISCAL IMPACT

Funds have been budgeted in FY2017-2018 for City Attorney services.

PRIOR CITY COUNCIL ACTION

N/A

ATTACHMENTS

1. Request for Qualifications


2. Mozingo Response to RFQ
3. Mozingo Curriculum Vitae
4. Agreement with G. R. Mozingo, Esq. APC
A1TACHME..NT 1
CITY OF CARMEL-BY-THE-SEA
REQUEST FOR QUALIFICATIONS (RFQ) FOR LEGAL SERVICES

The City Council of the City of Carmel-by-the-Sea ("City") invites interested law firms and individuals to
submit written proposals to provide legal services to the City and the City Council.

Background and overview


After serving numerous City Councils during his 33-year tenure as City Attorney, Don Freeman recently
announced his pending retirement. The City Council more recently established process for the
recruitment of new legal services, and the Mayor appointed a temporary advisory committee (ad hoc)
consisting of Council Member Carolyn Hardy and Council Member Jan Reimers. The City Council is
looking for an experienced law firm or individual to serve at the pleasure of the City. The firm or
individual will act as legal representative of the City and advisor to the City Council, Mayor, City
Administrator, City staff, and various boards and commissions of the City. This position requires a highly
experienced executive-level attorney who can provide expert assistance and solid legal advice as well as
provide routine legal services for the City of Carmel-by-the-Sea. The selected firm or individual will
analyze issues and advise the City Council of the legal aspects of its policy decisions and action matters,
and perform other work as required.

The selected firm or individual will be accountable for the legal direction of municipal affairs. In additional
to providing a broad range of routine legal services; however, court litigation, eminent domain
proceedings, labor negotiations and bond issue proceedings are considered special legal services and
would be provided using an agreed upon hourly rate over and above a monthly retainer fee or contracted
out with prior approval of the City Council. The selected firm or individual will have outstanding
communications and interpersonal skills, and the ability to work with a wide variety of individuals.
It is essential that the City's selected firm or individual stays current in municipal law, is well versed in the
"art of the possible", and is not risk adverse in terms of problem solving or approaches to best meet the
City's needs. The selected firm or individual must also recognize the importance of retaining trust and
confidence, and is highly accessible. The selected firm or individual must have an interest in and
appreciation for Carmel's community and work to understand it, its history and unique character, and its
actively-engaged citizens.

What the Citv Council is looking for in its next Citv Attorney:
Submittal Package: Proposals must provide specific and succinct answers to all questions and requests
for information. Please answer the questions in the format and order presented. (Submissions of resumes
alone will not be considered responsive.)

A. Qualifications to provide services: As an introduction, please describe the firm's or individual's


qualifications for providing City legal services, overall capabilities, training, and areas of expertise for
the partner/principal who would be the designated 'City attorney,' and the person most likely to be
the principal deputy. Responses must include:
Length of employment with the firm;
Specialization;
Legal training;
Scholastic honors and professional affiliations;
Date of admittance to California Bar;
Years of practice;
Municipal or other local public sector experience;
Knowledge of, and experience with California Municipal Law (what percentage of practice
represents municipal law, and statement of other types of clientele represented).
Litigation experience and track record;
Knowledge and practice of law relating to land use and planning, California Environmental
Quality Act (CEQA), general plans, real estate, environmental issues, hazardous waste and other
related law;
Experience in the areas of personnel, workers' compensation, general liability and employee
relations;
Experience in the area of contracts and franchises;
Experience in the preparation and review of the ordinances and resolutions;
Experience in the area of the Public Records Act, the Ralph M. Brown Act, the Political Reform
Act and conflicts of interest, and the Elections Code;
Experience in negotiating agreements and disputes;
Whether the partner/principal or likely associates have been successfully sued for malpractice,
been the subject of complaints filed with the State Bar, or had discipline imposed by the State
Bar, please provide information on the nature of the incident, the dates on which the matter
began and was concluded, and the results of the situation.

B. Scope of Services
The selected firm or individual will be required to enter into a Professional Services Agreement.
Although it is the intention of the City Council to develop a long-term relationship with its legal services
provider, the initial term of the agreement for legal services shall be for period of one (1) year, with an
option to renew for one (1) additional year at the sole discretion of the City Council. Either party may
terminate the engagement with 60 days prior written notice. The City does not guarantee a minimum
amount of legal service hours to be rendered by the selected individual or firm, however, it is
anticipated to be between 20 and 25 hours per week.

The selected firm or individual will advise the City Council, and would be expected to work closely with
any special counsel representing the City in areas that the Council's legal counsel may be less familiar.
The selected firm or individual will be required to work closely with the City Administrator, and
members of the City Administrator's staff, and will be closely associated with the City Administrator's
Executive Team. The selected legal counsel will neither direct nor supervise City staff.

The scope ofthe services ofthe legal counsel would include, but is not limited to, the following:
Attend regular City Council meetings, Planning Commission meetings, and other board and
commission meetings, and special City Council meetings on request;
Provide legal advice, written legal opinions and consultation on matters relating to normal day-
to-day business of the City to the City Council, City Administrator, boards, commissions,
committees, and officers of the City as requested by the City Council or the City Administrator;
Be available for telephone consultations with City Staff and City Council members;
Prepare or review normal legal documents such as City ordinances, resolutions, and ordinary
contracts and legal agreements; ,
Prosecute Municipal Code violations including Health and Building Code violations;
Represent the City in all non-monetary lawsuits such as writs of mandate; Pitchess motions, suits
for declaratory relief and injunctions;
Use a wide variety of legal research methods, study and review as necessary to properly advise
and protect the interests of the City.
Review and provide advice regarding Council meeting agendas and proposed staff reports;
Provide guidance as needed on the Ralph M. Brown Act and other procedural issues;
Advise City on Public Records Act requests as needed;
Advise City on pending and potential litigation;
Monitor pending and current legislation and case law as appropriate and inform City of items of
interest; keep the City Council informed of significant developments.
Supervise outside legal services as authorized by City Council.

To reinforce, the selected legal counsel must have knowledge and experience in the following areas of
law: Ralph M. Brown Act, Political Reform Act, Public Records Act, Coastal Act, public contracting law,
and other areas of municipal law. Applicants with direct experience in advising a public entity, and
familiarity with current issues in municipal law, are essential.

C. Your Current Practices I Conflicts of Interest


Please list any political contributions of money, in-kind services, or loans made to any member
of the City of Carmel-by-the Sea Council within the last five years by the applicant law firm and
all of its attorneys (including the attorney being proposed as City Attorney).
Please list all public clients for which your firm currently provides legal services. Please list all
public clients for which your firm has provided services over the last five years.
For the proposed City Attorney, please specify current or known future professional
commitments in order that the City may evaluate your continuing availability for providing legal
services to the City.

Submittal Content and Procedures


Submit three copies of the following:
1) A one page cover letter with the name and contact information for the proposed lead attorney.
2) Description of the demonstrated qualifications and experience of the proposed lead attorney
and any associates to be assigned to work for the City Council in the areas of law described
above.
3) Three client references.
4) List of current hourly rates for each attorney and support staff proposed to be assigned to work
for the City Council.

All proposals are due by 4:00pm on Friday, March 10, 2017.

Proposers are required to submit:

Four (4) hard copies of the proposal shall be submitted in a sealed envelope bearing the caption:
"City of Carmel-by-the-Sea- Proposal for City Attorney Legal Services (RFQ #16-17-11)"
AND
A PDF of the proposal on a CD or USB drive addressed to:

Chip Rerig, City Administrator


City of Carmel-by-the-Sea
City Hall
Carmel-by-the-Sea, CA 93921

A temporary advisory committee (ad hoc) composed of less than a quorum of the City Council will
conduct a review and evaluation of all proposals. The City Council reserves the right to reject any and all
submittals and to waive minor inconsistencies. The cost of preparing responses to this Request for
Qualifications shall be borne by the respondents and will not be reimbursed by the City.
G.:R.MOZINGO, ~q_APC
LAWYER
CARMELBY-THE-SEA
225 CROSSROADS BLVD., SUlTE 133
CARMEL, CALIFORINA 93923
EMAIL: GRMOZINGO@AOL.COM
TELEPHONE (831) 622-9679 FACSIMILE (831) 622-9685

GLEN R. MOZINGO, ESQ. MEMBER


CALIFORNIA STATE BAR
UNITED STATES FEDERAL BAR
UNITED STATES TAX COURT
U.S. COURT OF JN'rERNATION~ TRADE
UNITED STATES SUPREME COURT
LAW SOCIETY OF ENGLAND AND WALES'"

Dear Mr. Rerig,

In response to the City of Carmel-by-the-Sea's "Request for Qualifications" (RFQ), I


hereby offer the following information and details regarding my professional qualifications
and experience.

In further response to the request for contact details, I have made reference to my "AV" _
Preeminent rating by Martindale-Hubbell, in which I have been awarded the highest
possible rating of five (5) out of a possible five (5) by members of the Califomia Bar and
Judiciary in the following areas:

Legal knowledge
Analytical Capabilities
Judgement
Communication Ability
Legal Expe1ience

You may review these ratings on the Martindale-Hubbell website at:


http://www .mmtindale.com/Glen-Randy-Mozin ~<oll69187 -lawyer.htm.

Respectfully submitted,

~R:wdrg
"'LICENSED TO PRACTICE LAW IN FORTY-NINE COMMON LAW COUNTRIES.
Response to City of Carmel-by-the-Sea
Request for Qualificatiohs for Legal Services
RFQ 16-17-11

The principal attorney who would be designated "City Attorney" under this contract would be
Glen R. Mozingo, Esq. The associate to Glen R. Mozingo, Esq. would be Don Freeman, Esq. of
Perry and Freeman, LLP. (Mr. Freeman has served the City of Carmel-by-the-Sea as City
Attorney for the past 33 years).

Length of employment with the firm:

Response:
As founder of the firm Mozingo and Patel, A.P.C., I served as lead counsel for 37 years
from 1979 through December 31, 2016.

Specialization:

Response:
During the course of my practice I concentrated on issues relating to corporate and
general business law, litigation, municipal law, real estate transactions, employer/employee
relations, environmental issues, hazardous waste issues and the California Environmental
Protection Act.

I have provided professional and experienced representation to individual, corporate


and governmental clients dealing in both domestic and international legal matters in the
courtroom, boardroom and legislature.

Legal Training:

Response:
After completing my Bachelor of Arts degree in Political Science and Government
Relations from California State University, Long Beach, in 1974, I earned a Bachelor of Science in
Law in 1977 at Western State University and a Juris Doctor Degree from Thomas Jefferson
School of Law in 1979. I continued my studies in 2001 in International Law at Balliol College,
Oxford University, England where I was awarded a postgraduate diploma in International law,
permitting me to practice law in England & Wales as well as forty-nine other Common Law
Countries.

1
Scholastic Honors and Professional Affiliations:

Response:
With over thirty seven years of experience practicing law in both the United States and
the United Kingdom, I have received the distinction of being named as one of California's Top
Lawyers by the American Lawyers Media Association and have been rated as A.V.
"Preeminent by Martindale Hubbell", a distinction reserved for the top 1% of lawyers in the
United States, reflecting the confidential opinions of members of the Bar and Judiciary in the
areas of general business and corporate law, civil litigation, as well as municipal, county and
state governmental regulations and administration.

I am the recipient of both the United States Congressional Medal of Distinction and
United States Congressional Gold Medal for my work in aiding Congressional Conference
Committees of the United States House of Representatives and Senate, where I assisted in'
negotiating legislative proposals that resulted in the passage of significant legislation in the area
of highway funding for both federal and state programs. I have been retained on several
occasions as a lecturer on issues related to Corporate Governance.

Additionally, I have received the following awards, honors and appointments:

"A.V." Preeminent Rating- Martindale-Hubbell


American Jurisprudence Award in Trial Practice
United States Congressional Medal of Distinction
United States Congressional Gold Medal
Top Lawyers in California- American Lawyers Media (2013)
Judicial Edition- Martindale-Hubbell- "A.V." Preeminent Rating
reflecting the confidential opinions of members of the Bar and Judiciary
Judge Pro-Tern Los Angeles Superior Court
Judge Pro-Tern Orange County Superior Court
Arbitrator- London Court of International Arbitration

I currently maintain professional affiliations and memberships in the following:

United States Supreme Court Bar Association


American Bar Association; Orange County Bar Association
California State Bar Association
California Trial Advocates
American Trial Advocates
The Law Society of England and Wales
The United States Court of International Trade
The London Court of International Arbitration

G.H. MOZINGO, ESQ. 2


Date of Admittance to California Bar:

Response:
I was admitted to the California Bar on November 17, 1979.
I was admitted to the United States Eastern, Southern and Northern Federal District
Courts in 1981, 1982 and 1983, respectively.
I was admitted to the United States Supreme Court in 1989.

Years of Practice:

Response:
I have been actively and continually engaged in the practice of law for 37 years.

Municipal or Other Local Public Sector Experience:

Response:
Served a special counsel to the Chief of Police, Los Angeles Police Department, (8 years),
1984-1992 Daryl Gates, Chief. (This work was related to reviewing and consulting with the
Chief of Police regarding proposed municipal ordinances that would or could :affect
Department policies of enforcement, as well as drafting proposed testimony for City
Council presentation.)

Appointed Counsel by Mayor Pete Wilson, City of San Diego -Contract negotiations for
eminent domain and construction agreements (Horton Plaza Redevelopment Prpject).
(This assignment was given after several lawsuits had been filed regarding the design and
construction of parking lot structures that were deemed to be unsafe. The need for the
inverse condemnation action was brought about by the necessity to acquire adjacent
privately owned property).

Design and implementation of the City of San Diego's ''Traffic Watch Program':, (This
project involved the drafting and negotiation of contracts with the Federal
Communications Commission, Highway Patrol, Air Traffic Control and broadcasting radio
stations).

Negotiated and implemented contracts with the California Department of Motor


Vehicles on behalf of 87% of the cities within the thirteen (13) Southern California
Counties for the authorization to process D.M.V. services and citation fee collection for
the Automobile Club of Southern California.

Served as trial counsel for assigned litigation for the California cities of Escondido, San
Diego, Laguna Hills, Vista, and Mission Viejo, (The litigation included: Personal,lnjury,
Writs of Mandate, Pitchess Motions, and Inverse Condemnation matters).

G.R. MOZINGO, ESQ. 3


Served as a member of the Board of Trustees for the Harrison Memorial Library,
Carmel-by-the-Sea, CA.

Negotiated sale, lease and zoning modifications with the City of Newport Beach, ,CA to
accommodate the sale of Edwards Cinema Theaters chain.

Served as special litigation defense counsel to members of the City of San Juan
Capistrano, CA Planning Commission, (In this matter the then sitting City Attorney recused
himself as having a conflict of interest).

Served as General Counsel to the County of Sacramento Fire District. (During this
representation seven (7) fire districts were merged into a single district).

Knowledge of, and experience with California Municipal Law:

Response:
Approximately 30% of my practice has involved either Federal, State or Municipall;~ws
or regulations. The balance of my practice was focused on business and corporate law,
including but not limited to, contract negotiation and drafting, employer/employee relations,
litigation, (both plaintiff and defense work) and domestic and international mediation.

Litigation Experience and Track Record:

Response:
My litigation experience has included mediations, arbitrations, bench trials and jucy
trials. Of the lOO's of cases I have tried, 138 were jury trials. Of those 138 cases, two decisions
were not in my favor.

Knowledge and Practice of Law Relating to Land Use. Planning, CEQA, etc ... :

Response:
In addition to those items referenced above, many of the matters in which I was
involved included CEQA, real estate, environmental issues and hazard waste. They includ~d, but
were not limited to, soil contamination remediation from industrial projects, new construction
'
of commercial properties, negotiation with municipalities relating to compliance with General
Plans and contamination resulting from natural and manmade disasters. These projects further
included litigation, negotiation and proposed ordinance provisions to accommodate the
construction of a narrow rail trolley car system for the City of San Diego, California.

G.R. MOZINGO, ESQ. 4


Experience in the Areas of Personnel, Worker's Compensation and General Liability and
Employee Relations:

Response:
During the course of my representation of corporate clients, I drafted and prepared
corporate employee policy manuals, presented seminars pertaining to SB-176 requirements
relating to anti-harassment policies and practices, as well as, representation of employers i'n
wrongful termination, sexual harassment and constructive discharge cases. I have no
experience in worker's compensation matters.

Experience in the Area of Contracts and Franchises:

Response:
During the course of my practice, I drafted, prepared and negotiated hundreds of
contracts for real estate, merger and acquisition, employee/employer agreements, stock
purchase agreements, corporate/government contracts, military supply contracts,
independently-owned franchise agreements (represented nine McDonald's corporation
franchisees owning a total of over 72 franchises), buy/sell agreements, as well as corporate
succession planning contracts and agreements.

Experience in the Preparation and Review of Ordinances and Resolutions:

Response:
I have drafted and prepared hundreds of corporate resolutions and reviewed a plethora
of municipal resolutions and ordinances as those resolutions and ordinances affected my
corporate clients. I have worked with city attorneys and county counsel in recommending or
objecting to proposed ordinance provisions.

Experience in the Area of Public Records Act, the Ralph M. Brown Act. the Political Refor~
Act, Conflicts of Interest and the Elections Code:

Response:
I have read each of the Acts and codes referenced above. I have participated in the re-
drafting and modifications of the Fair Political Practices Commission recommendations in 1981
and 1990, respectively.! am aware of the court decisions interpreting each ofthese acts and
the application of practices necessary to comply with these acts and codes.
As I hold a California College Teaching Credential and a Juris Doctorate degree, I a111
qualified to instruct others as to the circumstantial application of each of these acts and codes.
In addition, having served on a Carmel-by-the-Sea city board, I am well-versed in conflicts of
interest and the required disclosure filings.

G.R. MOZINGO, ESQ. 5


Experience in Negotiating Agreements and Disputes:

Response:
My transactional experience in negotiating agreements and disputes has spanned over a
period of 37 years. These agreements and disputes have involved corporate, municipal and
individual clients and have addressed a multitude of issues, including, but not limited to,
merger and acquisition, employer/employee disputes, real estate, personal injury, California
Environmental Protection Act, business acquisition and sale, independent contractor
agreements, consulting agreements and numerous other types of agreements.

Malpractice claims. State Bar Complaints/Disciplinary Actions:

Response:
I have never been the subject of a malpractice claim, complaint with the State Bar or
disciplinary action of any kind during my 37 years of practice.

Current Practices/Conflicts of Interest:

Political Contributions: During the most recent Carmel-by-the-Sea city council and '
mayoral election, I made the following individual contributions: 1. Steve Dallas for Mayor, $99;
2. Bobby Richards for City Council, $250; 3. Jan Reimers for City Council, $250.

Public Clients: I am currently under contract to provide legal services to the City of
carmel-by-the-Sea.

Professional Commitments: I currently do not have any professional commitments that


would interfere with my continuing availability to provide legal services to the City of Carmel-
by-the-Sea. (I am currently under contract with the City of Carmel-by-the-Sea to provide lti!gal
services).

Current Hourly Rates:

Under the current contract with the City of Carmel-by-the-Sea, I have agreed to provide
legal services at a reduced hourly rate of $2SO per hour.
Rate and retainer amounts under this proposed legal services contract would be subject
to negotiation given the specific expectations and hourly commitment of the City Council and
City Administrator. Support staff is billed at $7S per hour.

G.R. MOZINGO, ESQ. 6


Client References:

Mayor Ronald Piazza, City of Lakewood California


5050 Clark Avenue
Lakewood, California 90712
(562) 866-9771

Mr. Harmon Kong, Apriem Financial Advisors


19200 Von Karman Avenue, Suite 1030
Irvine, California 92612
(949) 253-8888

Ms. Angie Sinclair, Teach for Mastery


1095 Hilltop Drive, #507
Redding, California 96003
(760) 586-1365

G.R. MOZINGO. ESQ. 7


GLEN R. MOZINGO, ESQ. J.D. M.I.C.A
CURRICULUM VITAE

Summary:

With over thirty-seven years of experience practicing law in both the United State:; and
the United Kingdom, I have received the distinction of being named as one of California's
"Top Lawyers" by the American Lawyers Media Association and have been rated as "A. V. "
Preeminent'I'M by Martindale-Hubbell, a distinction reserved for the top lh% oflawyers in
the United States, reflecting the confidential opinions of members of the Bar and Judiciary in
the areas of business and corporate law, civil litigation, as well as municipal, county and state
governmental regulations.

After completing my Bachelor of Arts degree in Political Science and Government


Relations, I earned a Bachelor of Science in Law in 1977 at Western State University and a
Juris Doctor Degree from Thomas Jefferson School of Law in 1979. I continued my studies
in International Law at Balliol College, Oxford University, England where I was awarded a
postgraduate diploma permitting me to practice law in England & Wales as well as forty-nine
other Common Law Countries.

I have provided professional and experienced representation to clients dealing in: both
domestic and international legal matters in the courtroom, boardroom and legislature. ;

I am the recipient of both the United States Congressional Medal of Distinction and
Congressional Gold Medal for my work in aiding Congressional Conference Committees of
the United States House of Representatives and Senate, where I assisted in negotiating
legislative proposals that resulted in the passage of significant legislation. I have been retained
on several occasions as a lecturer on issues related to Corporate Governance.

During my years of practice, I have represented the Automobile Club of Southern


California as supervisor of the Governmental Relations Division; served as special counsel to
the Chief of Police of the Los Angeles Police Department and served as General Counsel to
the County of Sacramento Fire District where I oversaw the merger of the seven (7) Fire
Districts. I also assisted in periodic revisions to the California Fair Political Practices
Commission in 1981 and 1990 respectively.
Career Information
Education:
Balliol College, Oxford University, England, Diploma-International Law 200I
Thomas Jefferson School of Law, Juris Doctor, I 979
Western State University, Bachelor of Science in Law, I977
California State University, Long Beach, Bachelor of Arts, Political Science/ Governmental
Relations, I 974

Admissions:
Supreme Court of the United States
United States Tax Court
California State Supreme Court
United States District Court, Central, Southern Eastern & Northern District of
California
The United States Court of International Trade
The London Court oflnternational Arbitration, Judge

Professional Memberships:
United States Supreme Court Bar Association
American Bar Association; Orange County Bar Association
California State Bar Association
California Trial Advocates
American Trial Advocates
The Law Society of England and Wales
The United States Court oflnternational Trade
The London Court of International Arbitration

Awards & Honors:


"A.V." Preeminent1M Raring- Martindale-Hubbell
American Jurisprudence Award in Trial Practice
United States Congressional Medal of Distinction
United States Congressional Gold medal
Top Lawyers in California - American Lawyers Council (20 I 3)
Judicial Edition- Martindale-Hubbell- "A.V." Preeminent Rating
Reflecting the confidential opinions of members of the Bar and Judiciary

Licenses:
California State Bar
California College Teaching Credential
Law Society of England and Wales (Solicitor, Advocate)
Publications:
Tax Reform: Opportunity Knocks- Published Arabian Horse World
New Beginnings under Tax Reform- Published Newsweek
California Use Tax-Sales. Use and Personal Property Taxes -Published Investment Journal

Appointments:
Judge Pro-Tem Los Angeles Superior Court
Judge Pro-Tem Orange County Superior Court
Arbitrator- London Court of International Arbitration

State. County & Municipal Representation:


Served a special counsel to the Chief of Police, Los Angeles Police Department, (8 years),
1984-1992 Daryl Gates, Chief.

Appointed Counsel by Mayor Pete Wilson, City of San Diego -Contract negotiations for
eminent domain and construction agreements (Horton Plaza Redevelopment Project).

Design and implementation of the City of San Diego's "Traffic Watch Program". Drafted
and negotiated contracts with the Federal Communications Commission, Highway Patrol, Air
traffic control and broadcasting radio stations.

Negotiated and implemented contract with the California Department of Motor Ve!Ucles
on behalf of 87% of the cities within the thirteen (13) Southern California Counties for the
authorization to process DMV services and citation fee collection for the Automobile !Club
of Southern California.

Served as trial counsel for assigned litigation for the California cities of Escondido, San
Diego, Laguna Hills, Vista, and Mission Viejo.

Served as a member of the Board of Trustees for the Harrison Memorial Library,
Carmel-by-the-Sea, CA.

Negotiated sale, lease and zoning modifications with the City of Newport Beach, CA to
accommodate the sale of Edwards Cinema Theaters.

Served as special litigation defense counsel to members of the City of San Juan Capistrano,
CA Planning Commission.

Served as General Counsel to the County of Sacramento Fire District.


A1rACHME.NI 4-
CITY ATTORNEY LEGAL SERVICES AGREEMENT

CITY OF CARMEL-BY-THE-SEA
AND
G.R. MOZINGO, ESQ. APC

This Agreement is made between G.R. Mozingo, Esq. APC, hereinafter referred to as
("MOZINGO") and the City of Carmel-by-the-Sea, hereinafter referred to as ("CITY''), and sets
terms and conditions under which MOZINGO shall provide legal services to CITY. Under this
engagement, Glen R. Mozingo shall serve as City Attorney and shall have primary responsibility
for performance of all duties described below. This document is a written attorney fee contract
as mandated by the California Rules of Professional Responsibility.

SCOPE OF LEGAL SERVICES

CITY retains Glen R. Mozingo of G. R. Mozingo, Esq. APC to provide the following
"GENERAL COUNSEL SERVICES" to the CITY:

1) Advise, counsel, and represent the CITY as its City Attorney and to provide routine
legal advice, consultation, and opinions to the City Council and City staff.
2) Assist in preparation and review of ordinances, agreements, contracts and related
documents.
3) Attend regular City Council meetings.
4) Periodically attend special City Council meetings, study sessions, Planning Commission
or other commission meetings or committee meetings as requested by the City Council,
or the City Administrator with the Mayor's approval.
5) Periodically attend the City Administrator's executive team staff meetings, when the
City Attorney and City Administrator concur that there is a legal issue that needs to be
addressed with members of the staff.
6) Provide legal advice, and when determined to be in the best interest of the CITY, written
legal opinions and consultation on matters relating to the business of the CITY, as may
be requested by the City Council or City Administrator.
7) With notice to the City Administrator, the City Attorney will consult directly with
department directors or managers.
8) Attend City Council agenda-setting meetings. Review and provide advice regarding
Council meeting agendas and proposed staff reports.
9) Be available for telephone consultations with City staff and City Council members.
10) Prepare and review legal documents such as ordinances, resolutions, contracts and legal
agreements. Assist in review of purchase agreements, contracts for purchase or sale of
property, dedication or granting of easements and rights-of-way, encroachment permits
and related matters as may be requested.
11) Advise the CITY on Public Records Act requests as needed.
12) Monitor pending and current legislation, case law and State and Federal regulatory
compliance as appropriate and inform CITY of items of interest and significance. Inform
CITY of the progress and status of all pending matters.
13) Provide guidance and training as needed regarding open government requirements of the
Ralph M. Brown Act, compliance with the Public Records Act and other issues regarding
procedures, conflicts of interest and ethics.

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14) Serve as Parliamentary advisor to the City Council.
15) Advise the CITY regarding pending and potential litigation as it arises. Evaluate matters
for potential litigation risks. Assist in risk management and insurance-related matters on
request. When called to the attention of City Attorney, identify concerns or issues that
City Attorney believes may potentially result in legal exposure.
16) Supervise and oversee any investigation that the CITY must undertake (such as those
regarding personnel matters). City Attorney shall determine whether and when to select
and retain an investigative attorney or other professional to conduct such an investigation.
17) Determine the need for assistance and supervise outside legal services, as authorized by
the City Council. By way of example, such counsel has been used for personnel and
employment issues, negotiations, workers compensation matters, water issuesf!aw, and
finance/bonding issues. In the event outside legal counsel is retained, unless directed
otherwise by the City Council, special counsel shall be supervised by the City Attorney.

The following responsibilities shall be considered "EXTRAORDINARY SERVICES" and


shall be compensated at the agreed upon rate:

1) Civil prosecution of Municipal Code Ordinance violations (including Health and


Building Code violations)
2) Criminal prosecution of infractions and misdemeanors as set out in the Carmel-by-the-
Sea Municipal code or State laws, which may be amended from time to time.
3) Preparation and drafting of complex legal documents.
4) Preparation of complex legal opinions.
5) Complex legal research.
6) Representation of CITY in any court litigation or proceeding before any other public or
administrative body, including but not limited to mediations, arbitrations or other judicial
or non-judicial hearings. Legal services provided to any independent or separate agency
or entity, at the request of the City Council, shall also be considered as extraordinary.
7) Representation of CITY in all non-monetary lawsuits such as Writs of Mandate, Pitchess
motions, and suits for declaratory relief and injunctions.
8) Complex Public Records Act requests
9) Handling of special litigation and. special projects, (such as oversight and update of and
re-codification of the CITY Municipal Code).
l 0) Representation in matters involving eminent domain proceedings, labor negotiations,
bond issue proceedings, real estate matters, employment issues or assistance in other
matters requiring negotiation.

City Attorney shall notify and seek prior approval of the City Council prior to rendering
extraordinary legal services, if time permits. In the event that time does not permit, the City
Attorney shall seek City Council approval at the next available opportunity.

CITY ATTORNEY APPOINTMENT

Glen R. Mozingo, Esq. is assigned as City Attorney. He may delegate City Attorney duties
such as research and administrative duties to other attorneys employed by MOZINGO, and may
designate an Assistant City Attorney and one or more Deputy City Attorneys with City Council
prior authorization and approval. Any fees incurred by either Assistant or Deputy City Attorneys
shall be included in the fees established in this Agreement, with the exception of excused
absences, which shall be paid by CITY.

2
Services are to be performed as an independent contractor to the CITY. The City Attorney is
expected to attend all regular and closed session City Council meetings, unless for illness or
excused absence. The City Attorney shall be permitted to miss two (2) regular Council meetings
per calendar year, however, City Attorney must assign a replacement attorney for those meetings
subject to the Mayor's approval. CITY will be responsible for the compensation of the
replacement attorney for an amount not to exceed $250 per hour.

RESPONSIBILITES OF CITY ATTORNEY

The City Attorney shall strive to maintain a close and congenial working relationship with
all Council Members, other City officials, the City Administrator, City staff, volunteers and
members of the public. The City Attorney shall have an open-door policy to enable discussion
and response to any Council Member or the City Administrator, all communications with the
City Attorney shall be subject to disclosure to other Council Members and the City Administrator.

The City Attorney shall perform legal services pursuant to this Agreement, keep CITY
informed of progress and developments of all legal matters and litigation, and respond promptly
to City inquiries and communications.

The City Attorney shall be truthful with the CITY, abide by all laws and regulations of the State
of California and of the United States, abide by the State Bar Rules of Professional Conduct, and
avoid conflicts of interest.

Unless excused by the Mayor or a majority of the City Council, City Attorney shall attend all
regular, adjourned and special meetings of the City Council, including closed sessions.

RESPONSIBILITIES OF CITY

CITY shall be truthful and cooperative with City Attorney, keep City Attorney informed of
all developments that may have a legal significance, and make timely payments required by this
Agreement.

CITY shall cooperate to ensure that the City Attorney may effectively monitor and coordinate
special counsel. CITY shall seek the City Attorney's recommendation as to the selection of
any special counsel or outside attorney.

The City Council delegates authority to the City Attorney, and authorizes him to execute,
on behalf of the CITY, Waivers of Conflict which may relate to the performance of duty of special
counsel, provided that such waiver does not in any way compromise CITY's position on any legal
matter.

LEGAL FEES AND BILLING PRACTICES

General Counsel Services

CITY agrees to pay MOZINGO during fiscal year 2017/2018 commencing July 15,2017,
a fee for General Counsel Services of thirteen thousand dollars ($13,000) per month, payable
within thirty (30) days of invoice. The parties acknowledge that "General Counsel Services" are
not limited to a set quantity of hours and shall relate to the services enumerated above.

3
Extraordinary Services

CITY agrees to pay MOZINGO for Extraordinary Services during fiscal year 2017/2018
(in addition to General Counsel Services described above) at the rate of two hundred seventy-five
dollars ($275) per hour for attorney services and sixty-five dollars ($65) per hour for non-attorney
legal support services. The parties acknowledge "Extraordinary Services" relate to those activities
as set out above under "Extraordinary Services".

Time Accounting

City Attorney shall account for all Extraordinary Services provided under this Agreement,
including but not limited to: legal research; factual investigations; telephone conversations;
attendance at administrative and court hearings; communications with City Council, staff, and
members of the public; review and drafting of briefs, reports and papers; correspondence;
attendance at meetings, mandatory settlement conferences, motion hearings and efforts to prepare
for and participate in hearings and trial; travel (if outside of Monterey County) and waiting time.
Time shall be recorded in Ill 0-hour increments.

City Attorney will, in addition to fees for general counsel services, incur various costs
and expenses in performing Legal Services under this Agreement. CITY agrees to reimburse
City Attorney for all actual and necessary costs incurred in performing General Counsel
Services and Extraordinary Services. Costs shall include reimbursement to City Attorney for
reimbursable expenses including, but are not limited to fees required or assessed by law, court or
other agencies, process server fees, notary fees, court reporter, outside investigator fees or expert
fees pertaining to City litigation, messenger and delivery fees, postage, copying and travel expenses
for travel outside the borders of Monterey County. Mileage shall be charged at the then-current
IRS reimbursement rate.

Unless required by circumstances to preserve the CITY's interests, no external cost in excess
of five thousand dollars ($5,000) shall be incurred without consent of the City Council. To
aid in the preparation or presentation of any case as City Attorney, it may become necessary to
hire special experts. No person shall be employed in this capacity, however, without consent of the
City Council. City Attorney is not obligated to pay or advance any costs or expenses, and may, at
its sole option: (1) request CITY to advance payment for the cost item(s); (2) arrange to have the
cost billed directly to CITY; or (3) advance the cost on behalf of CITY and seek reimbursement.

If CITY requires attendance, the CITY shall reimburse City Attorney for registration and
travel expenses (excluding hourly charges) relating to conferences or functions held by the League
of California Cities, in the same manner as expenses are paid for Council Members, the City
Administrator, or the City staff.

Periodic Billing

City Attorney shall send monthly statements to the CITY indicating attorneys' fees and costs
incurred, amounts applied from deposits, and current balance owed. Bills shall describe services
performed, and costs and expenses for which City Attorney seeks reimbursement. CITY agrees
to pay the balance within thirty (30) days of billing.

4
This Agreement shall commence on July 15, 2017 and shall end on June 30, 2018. It is the
intention of the parties to create a long term relationship. Therefore, at the end of the first year the
parties shall meet to discuss the continuation of the Agreement as well as the terms and conditions
under which the contract may be extended. This Agreement shall continue on a month-to-month
basis, after June 30, 2018, at the then-applicable rates until modified by written Agreement of the
parties.

Further, the parties agree to an initial performance review by the City Council at three (3)
months and further performance reviews at six (6) and at twelve (12) months from date of hire.
Thereafter, reviews will be conducted on an annual basis.

Discharge & Withdrawal

The City Attorney may terminate this agreement with sixty (60) days written notice to the City
Council.

The CITY may terminate this Agreement with sixty (60) days written notice at any time
during its term, with or without cause, upon the affirmative vote of four (4) Council members.
Following a vote of termination, CITY shall serve written notice of that action upon City Attorney.
The CITY shall then be responsible only for a pro rata portion of the retainer for General Counsel
Services as well as for fees for Extraordinary Services and costs incurred up to the effective date
of termination. Upon termination, all unpaid fees, costs and/or charges shall innnediately be due
and payable. This Agreement shall continue until termination or until modification by written
Agreement of the parties.

OTHER PROVISIONS

FPPC Issues

The parties agree any response to questions or issues surrounding potential conflicts of
interest, Fair Political Practice Act issues, and Government Code Section 1090 issues, shall
be limited to matters presented by written request of the City Council or City staff.

Independent Contractor

City Attorney (Glen R. Mozingo) acknowledges that he is an independent contractor and is


not an employee of the CITY. Therefore, no "PERS" entitlement shall accrue under this
Agreement.

Notwithstanding this provision, however, this Agreement recognizes and confirms the City
Attorney holds a Charter Office within the meaning of Gov. Code section 810.4. In that context,
only, all attorneys and staff of G. R. Mozingo, Esq. APC are deemed employees of the City for
the sole purpose of the Tort Claims Act, including but not limited to Gov. Code sections 820 -
823, inclusive.

5
Assignment

This Agreement cannot be assigned by either party for any reason whatsoever without the
advance written consent of the other party.

Insurance

MOZINGO maintains professional liability insurance, including errors and omissions


coverage, with limits not less than two million dollars ($2,000,000) per occurrence and four
million dollars ($4,000,000) per policy term. M 0 ZING 0 further maintains automobile
liability insurance on all vehicles used by MOZINGO, with minimum coverage of two hundred
fifty thousand dollars ($250,000) per occurrence and Five hundred thousand dollars ($500,000)
per policy term.

Restrictions on Future Representation

In addition to the proscriptions regarding conflict of interest imposed on MOZINGO by


the Business and Professions Code and by the California Rnies of Professional Conduct,
particniarly California Rnie 3.310(d), G. R. Mozingo represents that no attorney of G. R.
Mozingo, Esq. APC shall, after the termination of G. R. Mozingo, Esq. APC service or
employment with CITY, appear before any board, commission, committee, or agency of CITY
in relation to any case, proceeding, or application, or contract in which he/she participated during
the period of his/her service or employment, or which was under his/her active consideration, for
a period of one year from the date of termination of G. R. Mozingo, Esq. APC's engagement as
City Attorney.

Dispute Resolution

In the event the CITY becomes dissatisfied with any aspect of its relationship with City Attorney,
including, for example, the quality or adequacy of representation or fees and/or charges, the CITY
shall bring such concerns to the attention of City Attorney inunediately. It is acknowledged that
most problems can be resolved by good faith discussion. Nevertheless, it is possible a dispute
may arise which cannot be resolved by discussion. In such an event, each party agrees to submit
that matter to the following resolution process.

In case any disagreement, difference, or controversy shall arise between the MOZINGO and
the CITY with respect to any matter in relation to or arising out of or under this Agreement,
whether as to the construction or operation thereof, or the respective rights and liabilities of
the parties or otherwise, and the parties to the controversy cannot mutually agree as to the
resolution thereof, then such disagreement, difference, or controversy shall be determined by
proceeding with the following procedure:

Either party may give notice to the other of the dispute and the City Administrator and the
City Attorney or their designees will meet within three (3) business days to attempt to resolve the
dispute. In the event that the parties are unable to reach an agreement as to how the dispute may
be resolved within thirty (30) days, after the notice of dispute has been issued, both parties hereby
agree to submit the dispute to mediation. The mediator shall be jointly selected by the parties, or
failing agreement on the selection of a mediator, within thirty (30) days, from the date of first
notice of dispute, the mediator shall be selected by a retired Judge or Justice selected by the
6
supervising Judge of the Civil Division of the Monterey County California Superior Court.

In any mediation conducted pursuant to this section, the provisions of California Evidence
Code section 1152 shall be applicable to limit the admissibility of evidence disclosed by the parties
in the course of the mediation. In the event the parties are unsuccessful in resolving the dispute
through the mediation process, then the parties agree that the dispute shall be submitted to Binding
Arbitration to a single Arbitrator in accordance with the existing Rules of Practice and Procedure
of the Judicial Arbitration and Mediation Services, Inc. (JAMS) within thirty (30) days of the
close. of mediation a declared by the mediator.

The submission to Mediation and Arbitration in accordance with the requirements of this
section of any and all agreements, differences, or controversies that may arise hereunder is made
a condition precedent to the institution of any action or appeal at law or in equity with respect
to the controversy involved. The award by the arbitrator shall have the same force and effect
and may be filed and entered, as a judgment of the Superior Court of the State of California and
shall be subject to appellate review upon the same terms and conditions as the law permits for
judgments of Superior Courts. A "Prevailing Party" shall be determined in the Arbitration, and
the prevailing party shall be entitled to reasonable attorney's fees and costs incurred, and accrued
interest on any unpaid balance that may be due. Costs shall include the cost of any expert employed
in the preparation or presentation of any evidence. All costs incurred and reasonable attorney fees
shall be considered costs recoverable in that proceeding, and be included in any award.

Non-Discrimination

MOZINGO agrees it shall not unlawfully discriminate against any individual based on that
individual's race, color, sex, religion, national origin, ancestry, age, cancer-related medical
condition, marital status, physical or mental disability, or on any other basis protected by
California or federal law.

File Retention Policy

MOZINGO shall retain files related to CITY activities and property on which it has worked
for a period of 6 months after the last day of work on that specific file. G. R. Mozingo, Esq. APC
will then notify CITY that such files are available for transfer to the CITY. If the CITY directs
that the files can be destroyed, G. R . Mozingo, Esq. A PC shall destroy the files in
the 7th month, otherwise the files shall be returned to CITY.

Fees and Charges Are Not Set by Law

The fees set by this Agreement are not set by law. Such fees are subject to negotiation and
agreement. This Agreement is the product of that negotiation. The California Business and
Professions Code, beginning at Section 6146, sets forth required contents of attorney fee
agreements. A copy of that Code is available for review in the offices of G. R Mozingo, Esq. APC.

Entire Agreement

This Agreement contains the entire understanding of the parties regarding their rights and
obligations hereunder. Any oral representation or modification concerning this Agreement shall

7
have no force or effect unless reduced to a writing executed by both parties.

Amendment

This Agreement may be amended only when executed by both parties.

Notices

Notices for this Agreement shall be given to the parties at the following addresses:

CITY: City of Carmel-by-the-Sea


Attn: City Administrator
P.O.BoxCC
Carmel-by-the-Sea CA 93921

MOZINGO: G.R. Mozingo, Esq. APC


Attn: Glen Mozingo
225 Crossroads Blvd., P.O. Box 133
Carmel, CA 93923

Effective Date

This agreement shall take effect upon its execution.

Executed this _ _day of July, 2017 at Carmel-by-the-Sea, California.

G. R, MOZINGO, ESQ. APC

By: Glen R. Mozingo, Esq.

Executed this _ _day of July, 2017 at Carmel-by-the-Sea, California

CITY OF CARMEL-BY-THE-SEA

By: Steve G. Dallas, Mayor

(Signatures continue on next page)

8
ATTEST:

By: Ashlee Wright, City Clerk

APPROVED AS TO FORM:

By: Donald G. Freeman, City Attorney

9
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE


MAYOR TO EXECUTE AN AGREEMENT WITH G. R. MOZINGO, ESQ. APC TO PROVIDE CITY
ATTORNEY SERVICES

WHEREAS, the City of Carmel-by-the-Sea is a municipal corporation that requires


professional legal advice on an ongoing basis; and

WHEREAS, the City of Carmel-by-the Sea, after careful consideration, has elected to enter
into a Contract for Services with the law offices of G. R. Mozingo, Esq. APC to provide the
professional services required by the City of Carmel-by-the-Sea; and

WHEREAS, the City of Carmel-by-the-Sea and the law Offices of G. R. Mozingo, Esq. APC
have negotiated an agreement, taking advantage of the thirty-seven years of experience, knowledge,
and professional ranking of Mr. Mozingo; and

WHEREAS, this Resolution shall formally retain the services of G. R, Mozingo, Esq. as
Carmel-by-the-Sea City Attorney; and

WHEREAS, the functions, duties and prerogatives of the City Attorney are specified in the
Carmel-by-the-Sea Municipal Code. The provisions of the City Municipal Code shall control should
any conflict exist pertaining to either this Resolution or the Agreement that it authorizes; and

WHEREAS, the City Attorney shall continue to serve at the pleasure of the City Council; and

WHEREAS, this action does not constitute a project as defined by California Environmental
Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct
or indirect physical changes in the environment.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF


CARMEL-BY-THE-SEA:

1. The foregoing recitals are adopted as findings of the City Council as though set forth
fully herein.
2. The Mayor is authorized and directed to execute a contract known as the City Attorney
Legal Services Agreement, as set forth in Exhibit (A) to this Resolution.
3. This Resolution shall take effect immediately following passage and adoption by the
Carmel-by-the-Sea City Council.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF C A R M E L - B Y -


T H E - S E A this 11th day of July, 2017, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
SIGNED: ATTEST:

___________________________ _______________________________
Steve G. Dallas, Mayor Ashlee Wright, City Clerk