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February 21, 2023
ITEM TITLE
Appointment of Interim Acting City Attorney: Consider Approving a Contract with Lounsbery Ferguson Altona & Peak for Interim Acting City Attorney Services, and Appropriating Funds Report Number: 23-0065
Recommended Action
Adopt a resolution approving a contract with the law firm of Lounsbery Ferguson Altona & Peak (“Lounsbery Firm”) for interim acting City Attorney Services, and appropriat ing funds for that purpose. (4/5 Vote Required)
SUMMARY
The City Council took action earlier this year to solicit proposals from qualified municipal law firms to serve in the role of interim acting C ity Attorney until a special election to fill the City Attorney seat takes place in November of 2023. An Ad Hoc subcommittee of the Council, along with the City Manager and representatives from the City Attorney’s office, reviewed responsive proposals, conducted interviews, and now recommend to the City Council that the City of Chula Vista enter into a contract with the Lounsbery Firm for interim acting City Attorney Services, and appropriate funds for that purpose.
ENVIRONMENTAL REVIEW
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060 (c)(3) no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not Applicable.
DISCUSSION
With the passing of Simon Silva on September 3, 2022, followed by his election to the position of City Attorney on November 8, 2022, on December 20, 2022, the City Council declared the City Attorney’s seat vacant and called a special election to fill the vacancy for November 2023. Pending the outcome of this special election, the Charter provides that existing City Attorney Googins could continue to serve as City Attorney. However, on January 10th, the City of Santa C lara appointed Googins to be their City Attorney starting March 1st of P a g e | 2
2023. This created the need to appoint an interim acting City Attorney to replace Googins for the time period commencing upon his departure up to and until his successor is elected and sworn into office.
Googins briefed the Council on their options to replace him on an interim basis at their January 17th City Council meeting. At that time, in order to assure that the position was filled by a highly qualified, but non - political, service provider, the Council voted 4-0 to solicit proposals from four local law firms that specialized in municipal law services. To implement the selection process the Council also voted to create an ad hoc subcommittee comprised of Mayor McCann and Councilmember Chavez.
Consistent with Council action, a request for proposals was finalized and issued to the four identified firms on January 20th. (See Attachment 1) The firms solicited were Lounsbery Ferguson Altona & Peak (“Lounsbery Firm”), McDougal Boehmer Foley Lyon Mitchell & Erickson (“McDougal Firm”) Burke, Williams & Sorenson (“Burke”) and Best, Best and Krieger (“BB&K”). Two of the firms (Burke and BB&K) were interested, but ultimately determined that they did not currently have the capacity to provid e the required services due to existing commitments to other local cities with Tuesday night Council meetings. In light of this, another prominent municipal law firm, Rutan & Tucker, was also solicited to submit a proposal.
Ultimately, Rutan & Tucker also determined they did not have sufficient capacity to provide the required support for Tuesday night Council meetings and therefore were not able to submit a proposal.
Fortunately, the two proposals the City did receive, from the Lounsbery Firm and the M cDougal Firm, were of very high quality.
The proposal from the Lounsbery Firm provided as follows:
--Attorney Jill Maland to be the designated “acting” City Attorney --Multiple other attorneys to be available to provide back -up in various practice areas, w ith Helen Peak as the primary back-up
--8 “on-site” days per month to be provided at a fixed rate of $18,500 per month, including Council meeting days no matter the duration.
--Hourly rates above and beyond as follows: Acting City Attorney/Partners: $235 per hour; Associates $190 per hour; Paralegals $100 per hour. (Rates proposed at a substantial discount over existing, standard rates.) (See full proposal in Attachment 2).
The proposal from the McDougal Firm provided as follows:
--Attorney Morgan Foley to be the designated “acting” City Attorney --Multiple other attorneys to be available to provide back-up in various practice areas --Fixed fees per month of $16,000 for up to 90 hours (with negotiable alternatives, including, e.g., up to $21,000 for up to 120 hours).
--Hourly rates above and beyond as follows: Partners and Associates: $190 per hour; Law Clerks/Paralegals:
$100 per hour. (Rates proposed at a substantial discount over existing, standard rates.) P a g e | 3
(See full proposal in Attachment 3).
After meeting and working with City staff to develop interview questions and to further define the selection process, interviews of the Lounsbery Firm and the McDougal Firm were conducted. Both presentations were excellent and gave the City two very high -quality options at more than reasonable rates, discounted below the firms’ respective standard rates. Both firms offered versions of a substantial on-site presence along with availability “as needed” during off hours. Although both firms presented many strengths a nd few weaknesses, ultimately, the Lounsbery Firm was thought to be the best fit for the City’s current legal needs.
Attorney Maland of the Lounsbery Firm previously served as both a Deputy City Attorney and Assistant City Attorney for the City of Chula Vi sta from 2004 to 2021. Her recent experience and long tenure working for the City of Chula Vista , including her legal advisory work with prior and current City officials, management, and department staff, make the Lounsbery Firm uniquely positioned to eff iciently and effectively provide interim acting City Attorney services until the next City Attorney is elected and sworn into office.
The recommendation of the Ad Hoc subcommittee that the Lounsbery Firm be selected to provide the City with necessary interim acting City Attorney services and that funds be appropriated for such purposes is now presented to the City Council for its consideration. The City Manager’s Office and the City Attorney’s office concur with this recommendation.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of this resolution will authorize the appropriation of $140,000 to the City Attorney’s General Fund budget under Contracted Services and the appropriation of Non-Departmental TOT revenues in the amount of $140,000, which results in a no net impact to the General Fund.
ONGOING FISCAL IMPACT
For Fiscal Year 2023-24, the remaining contracted funds of $210,000 will be requested as part of the annual budget development process.
ATTACHMENTS
1. Request for Proposals to Serve as Chula Vista’s Acting City Attorney dated January 20, 2023
2. Lounsbery Ferguson Altona & Peak LLP proposal dated February 1, 2023
3. McDougal Boehmer Foley Lyon Mitchell & Erickson proposal dated February 1, 2023
4. Resolution Approving Contract
5. Legal Services Agreement with exhibits A1, A2 and B
Staff Contact: Glen Googins, City Attorney