MEETING DATE:
July 25, 2023
SUBJECT:
Title
RESOLUTION NO. 2023-9186 - 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
Relevant Council Strategic Theme
Not Applicable
Executive Summary
On June 16, 2023, the City Council appointed Mayor Jones as its negotiator for City Attorney compensation discussions. Said negotiator thereafter met with the City Attorney with respect to the hourly rate charged to the City for general legal services, and the Council has discussed the same with its negotiator. The recommendation is to increase the blended hourly rate from its current $255.00 per hour to $265.00 per hour. The $255.00 blended hourly rate has been in place since 2021.
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 $10.00 increase in the hourly rate for municipal legal services provided by the City Attorney’s office, effective July 1, 2023. Although the City Attorney proposal accepted by the City allows an hourly rate for litigation which is 30% below the hourly rate charged by members of her firm for their non-municipal work, the current City Attorney has historically charged the City at the rate charged for general municipal legal services. The hourly rate to be charged for third party reimbursable matters, however, 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 $10 increase in the blended hourly rate charged by the City Attorney’s Office. The proposed increase has been included within the considerations for the proposed Fiscal Year 2023-24 budget as an anticipated cost.
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Attachment(s)
Resolution
Prepared for: Michelle Bender, Acting City Manager