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CC RES 2023-058 RESOLUTION NO. 2023-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPOINTING ELENA GERLI, OF THE LAW FIRM OF ALESHIRE & 1NYNDER, LLP, AS CITY ATTORNEY AND COUNSEL TO THE CITY OF RANCHO PALOS VERDES AND JOHN FOX AS ASSISTANT CITY ATTORNEY EFFECTIVE DECEMBER 6, 2023. WHEREAS, Aleshire &Wynder, LLP (A&VV) is a full service public law firm founded in 2003 with expertise in planning and land use, labor and employment, public finance, code enforcement, litigation, land movement, contracts, public works construction, public records, Brown Act, coastal, and all other areas of municipal law. WHEREAS, in September 2015,the City Council of the City of Rancho Palos Verdes approved a "Contract Services Agreement for City Attorney Services" (the Agreement), whereby A&W, by its name partner David J. Aleshire, Esq., was appointed City Attorney of the city of Rancho Palos Verdes. WHEREAS, since September 2015, A&W has acted as City Attorney performing legal services involving a number of significant legal issues for the City, including: defending the City successfully in litigation matters; prepare ordinances and resolutions to ensure the City's compliance with state and federal laws; close collaboration with the City Council and Planning Commission, as well as the City Manager and City leadership; the revision of the decades-old General Plan; adoption of a short-term rental regulatory ordinance and related enforcement actions; negotiation the City's first MOUs with its bargaining units; successfully defended employment actions and prepared new City employment policies; prepared and adopted a Council Rules of Procedure Manual, updating Council policies and a Code of Conduct including means to enforce adherence by its members; dealt with numerous public records issues; assisting the City in the finalizing, adoption, and implementation of the Natural Community Conservation Plan / Habitat Conservation Plan (NCCP/HCP); prepared a wireless ordinance for the public right-of-way; navigating complex issues relating to the Greater Portuguese Bend Landslide Complex;to name a few. WHEREAS, Section 1 of the Agreement states that the "designated City Attorney and Assistant City Attorney may be established from time to time or modified by resolution of the City Council." WHEREAS, on April 17, 2018, the City Council adopted Resolution No. 2018-21, III appointing A&W equity partner William W. Wynder as the City Attorney for the City of Rancho Palos Verdes, and reaffirming Elena Q. Gerli as the Assistant City Attorney. WHEREAS, Mr. Wynder is retiring at the end of 2023. The City Council wishes him well and recognizes that he has done a stellar job representing the City and is appreciated and respected by the City Council and City staff. WHEREAS, Ms. Gerli has been the Assistant City Attorney since 2016, working extensively with then-CDD Director Mihranian on the General Plan update, the NCCP/HCP, the disputes surrounding Green Hills Memorial Park, and a number of planning issues. Ms. Gerli has also worked extensively with Public Works, the City Clerk's Office, Recreation & Parks, Information Technology, and the Deputy City Manager's Office, and is familiar with the City and the City's priorities particularly professional service agreements and construction contracts. WHEREAS, Ms. Gerli has demonstrated a strong commitment to the City, has provided excellent legal counsel consistent with Council policies and applicable laws, and coordinates and communicates well with the City Council, the City's various advisory boards, and staff. WHEREAS, A&W and Mr. Wynder have proposed to the City Council that Ms. Gerli be appointed as the City Attorney, and that Mr. John Fox be appointed Assistant City Attorney, effective December 6, 2023. WHEREAS, City staff and the City Council has been working with Ms. Gerli as Assistant City Attorney for a number of years, and find her appropriately qualified to serve as City Attorney, with sufficient time and legal skills to provide quality and seamless legal services to City. WHEREAS, A&W, and Mr. Wynder and Ms. Gerli, in particular, shall coordinate a transition in the role of City Attorney in an efficient, cost-effective, and seamless manner to City with Mr. Wynder continuing to provide legal services for special projects and as City Attorney Emeritus. NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes, California, does hereby resolve as follows: Section 1. The City Council hereby appoints William W.Wynder to the position of City Attorney Emeritus, and declares he will always be welcome in the City, and hopes he will continue to contribute his legal expertise to the City as long as A&W represents the City. Section 2. The City Council hereby appoints A&W partner Elena Q. Gerli, Esq., as City Attorney for the City of Rancho Palos Verdes, California, and its subordinate and affiliated entities with Ms. Gerli available to assure an efficient, cost-effective, and seamless transition and work on and complete special projects. Section 3. The City Council hereby appoints A&W partner John Fox as Assistant City Attorney for the City of Rancho Palos Verdes, California. 01203 0001/939133 2 Resolution No. 2023-58 Page 2 of 3 Section 4. The provision of this Resolution shall become effective December 6, 2023. PASSED, APPROVED and ADOPTED this 5th day of December 2023. John ui sha� Y Mayor Pro Tem Attest: resa -oka, City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2023-58 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on December 5, 2023. resa T oka, City Clerk 01203 0001/939133 2 Resolution No. 2023-58 Page 3 of 3