MEETING DATE:
JULY 13, 2021
SUBJECT:
Title
RESOLUTION NO. 2021-8897 - APPROVING AN HOURLY RATE INCREASE FOR THE FIRM OF LOUNSBERY FERGUSON ALTONA AND PEAK FOR CONTRACT CITY ATTORNEY SERVICES, AND PROVIDING CONTINUED AUTHORIZATION FOR ALL ATTORNEYS AFFILIATED WITH SAID FIRM, AS WELL AS SPECIAL COUNSEL RETAINED BY THE CITY, TO INITIATE AND PROSECUTE SAN MARCOS MUNICIPAL CODE ENFORCEMENT ACTIONS, WHETHER CIVIL OR CRIMINAL
Body
Recommendation
Recommendation
ADOPT resolution relating to the hourly rates for City Attorney services, and providing continued authorization for all attorneys of the City Attorney’s firm and retained special counsel to initiate civil or criminal enforcement actions and to prosecute San Marcos Municipal Code violations.
Body
Board or Commission Action (If not applicable, please state not applicable below)
Not Applicable
Relevant Council Strategic Theme (If not applicable, please state not applicable below)
Not Applicable
Relevant Department Goal (If not applicable, please state not applicable below)
Not Applicable
Executive Summary
On May 26, 2021, the City Council appointed Mayor Pro Tem Jenkins and Council Member Walton as its negotiators for City Attorney compensation discussions. Said negotiators 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 negotiators. The request is to increase the hourly rate from its current maximum of $230.00 per hour to a maximum of $255.00 per hour. The $230.00 maximum hourly rate has been in place since 2019.
The City Council is also requested to reaffirm that the City Attorney’s office 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. The request extends this authorization to other outside (special) counsel retained to assist the City.
Discussion
The attached resolution would authorize a $25.00 increase in the maximum hourly rate for municipal legal services provided by the City Attorney’s office, effective July 1, 2021. 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 litigation matters will remain at 30% below the hourly rate charged by members of her firm for their non-municipal work.
The City Council is also requested to continue its authorization for the Initiation of code enforcement actions and prosecutions concerning 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 $25 increase in the maximum hourly rate charged by the City Attorney’s Office.
Attachment(s)
Resolution of the City Council of the City of San Marcos Approving an Hourly Rate Increase for the Firm of Lounsbery Ferguson Altona & Peak for Contract City Attorney Services, and Continued Authorization for Attorneys Affiliated with the City Attorney’s Office and Special Counsel to Initiate and Prosecute San Marcos Municipal Code Enforcement Actions, Whether Civil or Criminal
Submitted by: Helen Holmes Peak, City Attorney
Reviewed by: Jack Griffin, City Manager