HomeMy WebLinkAbout1995-03-14 - AGENDA REPORTS - CORNERSTONE PROJECT (2)c— ' f
AGENDA REPORT
ity M ager Approval
Item to be presented by:
Carl K. Newton
CONSENT CALENDAR
DATE: March 14, 1995
SUBJECT: Cornerstone Project: Request for Attorney -Client Privileged Documents
DEPARTMENT: City Attorney
BACK
Representatives of Southern California Labor/Management Operating Engineers Contract
Compliance ("Operating Engineers") have formally requested the City Council to waive the
attorney-client privilege with respect to certain documents prepared by the City Attorney's
office. This request arises in the context of a dispute between Operating Engineers and The
Cornerstone Company.
The Cornerstone Company contracted with the City in mid-1994 to remove and recover stock-
piled disaster -related debris. Operating Engineers claims that the removal project was a "public
works" project under the California Labor Code and that Bedrock Mobile Recycling, Inc., an
alleged subcontractor of The Cornerstone Company, was therefore required to pay state -
mandated prevailing wages to Bedrock MRI's employees. It is our understanding that
Operating Engineers is currently appealing a determination of the California Department of
Industrial Relations which found that recycling work was not part of a public works project and
that Bedrock MRI was not required to pay prevailing wages.
The requested documents provided advice to the City on the legal issues involved at the time
that the notice of the complaint by Operating Engineers was delivered to the City.
While there is still a potential for litigation on this matter because Operating Engineers has
apparently filed an administrative appeal, and the City could potentially be brought into such
litigation, such events do not appear likely at this time. The dollar amount at issue is estimated
to be approximately $3,200.00.
RECOMMENDATION
The documents at issue are unlikely to be damaging to the City if used in litigation, so the City
Attorney's office does not object to the privilege being waived with respect to these documents.
ATTACHMENT n(�On
Letter of Request from Operating Engin Ir Jf�J„�{J U Agenda Item:
FEB 22 '95 02:49PM ele 56e 0312 n P.2i5
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ININV "I"',
Southern California Labor/Management
Operating Engineers Contract Compliance
•tr,t•e 301 North tyke Avenue, Suite 320, Pasadena, California 91101 Telephone: (818) 5646070
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February 22, 1995
LABOR
W.O.L. Leea1 Na 12
aalmm C. aeaaaoner
Fax Letter. Hard Coyy To Follow
seuenLy
William rmya
The Honorable Jo Anne Darcy, Mayor
City of Santa Clarita
°R1e1 j
23920 Valencia Boulevard, Suite 300
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Santa Clarita, California 91355-2196
SMV A.Billy
Trustee
i RE: City of Santa Clarita, FEMA Recovery Project
Prime Contractor: Cornerstone Construction
MANAGaMHN7 i
Lea Brown, Cha nt,an j Dear Mayor Darcy-
Jury
arcy:
A.G.C.
Dar+le;tc, CoCllaitman i please accept this correspondence as a formal requestthat the City of Santa
Dick Chapman Trustee
j Clarita "waive the privilege status" of specific documents held on file for the
s,c.A. project referenced above.
Kenneth Maas, Trustee
s.c.C.A. On February 15, 1995, representatives of this office met with Ms. Hazel
I Joanes, City of Santa Clarita Solid Waste Coordinator, to review the
file/documents on file for the Cornerstone project, as part of our appeal to the
State of California's Decision regarding prevailing wages. Obtaining public
documents is a routine function of this office.
On February 22, 1995 copies of requested documents were provided to this
office with the exception of two documents which are unavailable due to
attorney client privilege. The two documents are:
Memo dated July 21, 1994 from Elizabeth M. Calciano of Burke,
William & Sorensen to Hazel Joanes
- Letter dated July 25, 1994 from Elizabeth M. Calciano of Burke,
William & Sorensen to Hazel Joanes
These documents are mentioned in the last paragraph of the February 15, I995
correspondence (copy attached) from Hazel Joanes to David Lanham.
FEB 22 '95 02:49PM 618 568 0312
The Honorable Jo Anne Darcy, Mayor
February 22, 1995
Page Two
P.3/5
This office is of the opinion that the documents should be "public documents" in light of the
fact that the project is completed, and there exists no litigation currently, or pending. Simply
put, there is no reason to shield any document related to this project from the public.
Based on this view, we formally request that the privileged status be waived and that you
direct staff to provide photo copies immediately.
Thank you for your assistance. Please call if you should have any questions.
Sin
Davide:2f
Contract Compliance Representative
DSL:cml
enclosures: 2
cc: Hazel Joanes, City of Santa Clarita
Al Cvitan, Reich, Adell, Crost & Cvitan