May 19, 2026, Item #10
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Summary:
AG EN DA REPORT City of Poway
May 19, 2026
Honorable Mayor and Members of the City Council
Chris Hazeltine, City Manager
Chris Hazeltine, City Manager
[email protected]
CITY COUNCIL
Approval of Second Amendment to the Agreement for City Attorney Services The City Council conducted its annual performance evaluation of the City Attorney, Alan Fenstermacher, and Rutan & Tucker, LLP, the law firm that provides City Attorney services, wherein the City Council determined that the City Attorney has exceeded its expectations and goals. Based on this positive evaluation, the City Council desires to amend the City Attorney Services Agreement to increase the monthly retainer and hourly rates.
Recommended Action:
It is recommended the City Council authorize the Mayor to execute the Second Amendment (Attachment A) to the City Attorney Services Agreement between the City of Poway and Rutan & Tucker, LLP.
Discussion:
Rutan & Tucker has provided City Attorney services to the City of Poway since January 1, 2018, with Alan Fenstermacher serving as the designated City Attorney for the entire time. Per the terms of the City Attorney Services Agreement, the City Council is required to conduct an evaluation of the City Attorney's performance each year where, upon a positive review, the rates are increased by the same amount as the Consumer Price Index ("CPI") for the All Urban Consumers for the San Diego County area.
The City Council conducted its performance evaluation on April 21, 2026, and determined the City Attorney has exceeded the Council's goals and expectations. Considering a track record of over eight years of positive performance reviews, the City Council desires to amend the Agreement to increase the monthly retainer and hourly rates by 5%, which is 2.4% over the otherwise applicable 2.6% CIP increase.
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May 19, 2026, Item #10
Environmental Review:
This item is not subject to CEQA review.
Fiscal Impact:
The total increase in costs to the City associated with the noted 5% increase is $8,152.45. This amount has been included and has been planned for in the Proposed FY2026-27 Budget being considered by City Council on June 16, 2026.
Public Notification:
None.
Attachments:
A. Second Amendment to the City Attorney Services Agreement Reviewed/Approved By: ~
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Ap~
Chris Hazeltine
City Manager
May 19, 2026, Item #10
SECOND AMENDMENT TO CITY ATTORNEY SERVICES AGREEMENT
THIS SECOND AMENDMENT TO CITY ATTORNEY SERVICES AGREEMENT ("Second Amendment") is made and entered into effective this 19th day of May 2026, by and between the City of Poway, a municipal corporation ("City"), and Rutan & Tucker, LLP, a California limited liability partnership ("Attorney").
RECITALS
1. Following a request for proposals and interview process, Attorney was selected to provide legal services to the City, effective January 1, 2018, pursuant to that certain City Attorney Services Agreement, dated December 19, 2017.
2. On March 16, 2021, the City Council approved the First Amendment the City Attorney Services Agreement.
3, Section 4.5 of the Agreement requires the City Council to conduct an evaluation of the Attorney's performance, where upon a positive review, all rates of compensation shall be increased an amount equal to the Consumer Price Index ("CPI") for All Urban Consumers for the San Diego County area.
4. Section 4.5 of the Agreement also allows the City and Attorney to further modify the rates beyond CPI by mutual agreement.
5. On April 21, 2026, the City Council conducted the evaluation contemplated by Section 4.5 of the Agreement, resulting in a positive evaluation, consistent with all past evaluations that have been consistently positive since 2018, where the City Council determined that the City Attorney has exceeded the City Council's expectations and goals.
6. The City and Attorney desire to enter into this Second Amendment in order to increase hourly rates beyond the CPI increase to which the Attorney is entitled.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. The monthly retainer and hourly rates currently in effect under the City Attorney Services Agreement shall be increased by a total of 5%, effective consistent with the timing set forth in Section 4.5 of the Agreement, which represents an approximately 2.4% increase over CPI to which Attorney was otherwise entitled to.
Section 2. Except as otherwise amended by this Second Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. [Signatures on Following Page]
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May 19, 2026, Item #10
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed the day and year first above written.
CITY OF POWAY ATTORNEY
By ______________ _ By _____________ _
Steve Vaus, Mayor Alan Fenstermacher
ATTEST:
Carrie Gallagher, City Clerk
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