MEETING DATE:
FEBRUARY 24, 2026
SUBJECT:
Title
RESOLUTION NO. 2026-9546 - APPROVE AN HOURLY RATE INCREASE FOR THE FIRM OF LOUNSBERY FERGUSON ALTONA AND PEAK FOR CONTRACT CITY ATTORNEY AND CITY PROSECUTOR SERVICES, AND PROVIDING CONTINUED AUTHORIZATION FOR ATTORNEYS AFFILIATED WITH SAID FIRM, AS WELL AS SPECIAL COUNSEL RETAINED BY THE CITY, TO INITIATE AND TO PROSECUTE SAN MARCOS MUNICIPAL CODE ENFORCEMENT ACTIONS, WHETHER CIVIL OR CRIMINAL
Body
Recommendation
Recommendation
ADOPT resolution relating to the hourly rates for City Attorney and City Prosecutor services, and continued authorization for attorneys of the City Attorney’s firm and retained special counsel to initiate enforcement actions and to prosecute San Marcos Municipal Code violations.
Body
Board or Commission Action
Not Applicable
Executive Summary
On January 27, 2026, the City Council appointed Council Member LeBlang as its negotiator for City Attorney compensation discussions. Said negotiator thereafter met with the City Attorney with respect to the hourly rate(s) charged to the City for legal services, and the Council has discussed the same with its negotiator. The recommendation is to increase the blended hourly rate from its current $265.00 per hour to $284.00 per hour for general legal services. The $265.00 hourly rate has been in place since 2023. The hourly rate to be charged for third party reimbursable matters would remain at 30% below the hourly rate charged by members of her firm for non-municipal work.
The City Council is also requested to reaffirm that the City Attorney’s firm is authorized to initiate actions to enforce the San Marcos Municipal Code, and that each of the attorneys associated with her firm in any capacity are authorized to prosecute San Marcos Municipal Code violations and to raise defenses in such actions, whether by civil or criminal proceedings, on behalf of the City and its subsidiary and component units. The request extends this authorization to other outside (special) counsel retained to assist the City.
Discussion
The attached resolution would authorize a $19.00 increase in the blended hourly rate for municipal legal services provided by the City Attorney’s office, effective March 1, 2026. Although the initial proposal for City Attorney services accepted by the City in 1992 allows an hourly rate for litigation which is 30% below the hourly rate charged by members of her firm for their non-municipal work, as reflected in the 2023 hourly rate approval the current City Attorney has historically charged the City at the hourly rate charged for general municipal legal services rather than the rate discounted from the non-municipal work, constituting a savings to the City, and that is also memorialized in the proposed resolution. The maximum rate for experienced paralegal work will be at $200 per hour. However, the hourly rate to be charged for third party reimbursable matters will remain at 30% below the hourly rate charged by members of her firm for non-municipal work.
The City Council is also requested to continue its authorization for the Initiation of code enforcement actions and prosecutions of San Marcos Municipal Code violations by the City Attorney as City Prosecutor, as well as outside counsel retained to represent the City. The individual most suited to prosecute such matters will be assigned by the City Attorney.
Environmental Review
The activity performed under this action is not a “project” as defined under Section 15378 of the California Environmental Quality Act Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000 - 15387), and is therefore not subject to environmental review pursuant to Guidelines Section 15060(c)(3).
Fiscal Impact
If approved, the impact would be a $19.00 increase in the blended hourly rate charged by the City Attorney’s Office. The proposed increase can be accommodated by the current Fiscal Year budget.
Attachment(s)
Resolution
Prepared: In Consultation with Council Member LeBlang
Reviewed by: City Manager