Administrative
Report
P.1., File # 23-5816 Meeting Date: 4/4/2023
To: MAYOR AND CITY COUNCIL
From: MIKE WITZANSKY, CITY MANAGER
TITLE
DISCUSSION AND POSSIBLE ACTION REGARDING THE SELECTION OF A LAW FIRM TO
ASSIST WITH DRAFTING BALLOT MEASURE LANGUAGE FOR CHARTER AMENDMENTS
PERTAINING TO THE CITY ATTORNEY POSITION THAT MAY BE PROPOSED BY THE CHARTER
REVIEW COMMITTEE AND CONSIDERED BY THE CITY COUNCIL FOR PLACEMENT ON A
FUTURE BALLOT
EXECUTIVE SUMMARY
The City Council directed the City Manager to review the City’s current list of contracted municipal law firms and recommend outside counsel to assist with the drafting of ballot language for any charter amendments proposed by the Charter Review Committee pertaining to the City Attorney position. The City has nine municipal law firms under contract that have provided general (nonlitigation) counsel since 2017. Pursuant to Council’s direction, each of the nine firms were contacted, provided an overview of the proposed scope of work, and asked to participate in interviews with the City Manager and an Assistant to the City Manager. Of the nine firms, one was non-responsive, two identified potential conflicts, and six expressed interest in the opportunity. The six interested firms were then interviewed and asked to describe their experience in the relevant area of law, identify the attorney that would be assigned to the task, and provide the hourly rate that would be charged for the work.
After conducting the interviews and considering the information provided, it is recommended that Michael G. Colantuono of the law firm Colantuono, Highsmith & Whately be retained to assist with the drafting of ballot language for any proposed charter amendments involving the City Attorney position. While all of the firms interviewed provided attorneys that are capable of assisting the City with this task, Michael Colantuono offers the best combination of skill, experience, and price.
Michael has an extensive background in constitutional law, has drafted and amended numerous city charter provisions, has served as chief legal counsel for multiple charter cities, has argued several related matters before the California Supreme Court, and currently sits on the California Judicial Council’s Appellate Advisory Committee (a copy of his bio is attached to the report). If the recommendation is approved, a contract amendment with Colantuono, Highsmith & Whately will be prepared, codifying the scope of work and associated hourly rate, and returned for consideration of approval at the next City Council meeting.
BACKGROUND
The Charter Review Committee was established in 2022 to advise the Mayor and City Council on recommended changes to the City Charter for consideration by the voters. The City’s March 7, 2023
P.1., File # 23-5816 Meeting Date: 4/4/2023
recommended changes to the City Charter for consideration by the voters. The City’s March 7, 2023 General Municipal Election included ballot measures proposed by the seven-person Committee on a number of topics including purchasing limits, public works contracting, contract signing authority, and the inclusion of gender-neutral language, among others.
The Committee is now evaluating changes to the Charter that would potentially impact the elected Office of the City Attorney. In order to avoid a conflict of interest on the part of the current City Attorney, the City Council asked the City Manager to review the outside firms under contract and recommend an attorney/firm that is capable of assisting with charter amendments pertaining to the City Attorney position. The work would be limited to the drafting of ballot measure language and would be performed after the Charter Review Committee determines the policy advice it intends to recommend to the City Council.
As mentioned, the City Attorney’s Office provided a list of nine municipal law firms that have performed general legal work for the City since 2017. The list did not include firms hired by the City exclusively for litigation purposes. The list, in alphabetical order, included the following:
- Best, Best & Krieger
- Burke, Williams & Sorensen
- Colantuono, Highsmith & Whately
- Kronick Moskovitz Tiedemann & Girard
- Meyers/Nave
- Michel & Associates, PC
- Richards, Watson & Gershon
- Shute, Mihaly & Weinberger
- Strumwasser & Woocher, LLP
Eight of the nine firms responded to the preliminary solicitation for the work. Two of the eight firms identified potential conflicts and withdrew from the process. Six firms participated in the interviews with the City Manager and Assistant to the City Manager.
Following the interviews, Michael G. Colantuono, of the law firm Colantuono, Highsmith & Whately, is recommended to assist the City with any ballot measure language concerning the Office of the City Attorney. Mr. Colantuono is well versed in this area of the law, having updated antiquated charters for multiple California jurisdictions, including the cities of Grass Valley and Auburn. He has also provided legal insights and recent charter-related solutions for San Diego and Chula Vista, and over the course of his career has argued 14 cases in front of the California Supreme Court.
Additionally, Mr. Colantuono made it clear during the interview that his firm would have no interest in becoming the City’s contract attorney in the event that a charter change adjusting the City Attorney from an elected position to an appointed position was proposed by the Charter Review Committee, placed on a future ballot and approved by the voters. This, in staff’s view, will enable Michael to remain objective throughout the process.
Beyond his extensive experience, Mr. Colantuono is willing to complete the work at a reasonable rate of $395 per hour, which is below his normal hourly rate of $575, and sits at the lower range of the quotes provided by the other firms, which ranged from $335 to $575 per hour.
P.1., File # 23-5816 Meeting Date: 4/4/2023
COORDINATION
The City Manager’s Office independently solicited and conducted interviews of the general municipal law firms currently under contract with the City and prepared this report.
FISCAL IMPACT
There is no immediate fiscal impact associated with the selection of a law firm for the identified work.
A contract amendment will be prepared for the selected firm that codifies the scope of work and the associated hourly rate. If a charter amendment pertaining to the City Attorney position is proposed by the Charter Review Committee and considered by the City Council, the cost to the City will be determined by the number of hours spent drafting the ballot measure language and reviewing it with the Committee and City Council. No funding is currently identified in the budget for this work. A subsequent budget action would be needed to cover the expense.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Michael Colantuono’s Biography, Resume, Published Appellate Cases