EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: February 1, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Jaime M. Fontes, City Manager
BY: James Colin, Executive Assistant
Irma Martinez,
SUBJECT: Appointment of Interim City Attorney
Recommendation
Adopt a Resolution retaining Armento and Hynes, LLP, to provide Interim City Attorney Services, effective February 11, 2022.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 3: Increase Organizational Effectiveness and Efficiency Background
City Attorney Rafael E. Alvarado Jr. has notified the City of East Palo Alto that he has accepted a position with another municipal agency and his last day of employment will be February 11, 2022. City staff anticipates that it will take approximately 6 months to recruit and appoint a new City Attorney. Therefore, the City will need interim city attorney services to ensure legal service availability and continuity while the City performs a recruitment.
Analysis
The City currently has a contract with Armento and Hynes, LLP, to provide outside counsel services, including acting or interim city attorney services. Therefore, City staff recommends that the City Council appoint Valerie Armento, Esq., of Armento and Hynes, LLP, to serve as interim City Attorney, and Marc Hynes, Esq., to serve as interim City Attorney in Ms. Armento’s absence as needed.
Fiscal Impact
The proposed interim city attorney services will be funded from vacancy savings resulting from the departure of the City Attorney. The firm’s current billing rate are as follows:
Attorney Rate (Service)
1) Valerie Armento $250.00/hr. (General Advisory)
$250.00/hr. (Interim or Acting City
Attorney)
$300.00/hr. (Litigation)
2) Marc G. Hynes $250.00/hr. (General Advisory)
$250.00/hr. (Interim or Acting City
Attorney)
$300.00/hr. (Litigation)
City staff estimates that the minimum monthly cost of anticipated interim city attorney services will be approximately $10,000.
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo County Library located at 2415 University Avenue, East Palo Alto.
Environmental
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.
Attachments
1. Resolution