Administrative
Report
N.6., File # 23-5930 Meeting Date: 4/18/2023
To: MAYOR AND CITY COUNCIL
From: MICHAEL W. WEBB, CITY ATTORNEY
TITLE
APPROVE THE LEGAL SERVICES AGREEMENT WITH COLANTUONO, HIGHSMITH & WHATLEY, PC FOR LEGAL SERVICES AND ADD THIS FIRM TO THE CITY ATTORNEY’S
APPROVED LAW FIRM LIST
EXECUTIVE SUMMARY
The City of Redondo Beach has had a legal services agreement with Michael Colantuono since 2008. Mr. Colantuono, who was formerly with the firm of Colantuono and Levin, is now a principal with Colantuono Highsmith & Whatley PC. City Council’s approval will add Colantuono Highsmith & Whatley PC to the City Attorney’s Approved Law Firms list and approve an agreement for specified legal services.
BACKGROUND
The Charter Review Committee has recommended going forward with a proposed charter amendment that would change the position of City Attorney from being elected by the voters of the entire City to an appointed position. The Committee has not yet finalized the actual language that they recommend for the proposed Charter Amendment. Although such change would not apply to me, in order to avoid even the appearance of a conflict of interest in the legal review of the final language I recommended the City Council select one of our current outside attorneys for the limited purpose of legal review of the proposed amendment and finalizing ballot language.
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. Following an extensive interview process, Michael G. Colantuono, of the law firm Colantuono, Highsmith & Whatley PC, was 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 City staff’s view, will enable Michael to
N.6., File # 23-5930 Meeting Date: 4/18/2023
placed on a future ballot and approved by the voters. This, in City staff’s view, will enable Michael to remain objective throughout the process. 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.
Colantuono, Highsmith & Whatley is a municipal law firm with offices in Pasadena, Grass Valley, Sacramento, Solana Beach, and Sonoma that represents public and private clients throughout California in municipal law, including public revenues, land use, elections, labor and employment, post-redevelopment, housing, public works contracting, utility services, the California Environmental Quality Act (CEQA), the Cortese-Knox-Hertzberg Act regarding Local Agency Formation Commissions, sex offender and marijuana regulation and related public safety topics, and associated litigation.
The firm was recognized as one of California’s Top Ranked Law Firms by Martindale-Hubbell in 2014 and Michael Colantuono, Terri Highsmith, Jenni Pancake, Michael Allderdice and Scott Howard have each achieved the highest AV rating from Martindale-Hubbell. Michael (2011-2013) and Holly Whatley (2013) have been listed as among the Top Municipal Lawyers in California by the Daily Journal newspaper. Michael was awarded the 2010 Public Lawyer of the Year Award by the California State Bar, is a former President of the City Attorneys Department of the League of California Cities, former President and Chair of the Board of Trustees of the State Bar, and Secretary/Treasurer of the California Academy of Appellate Lawyers-a prestigious organization of about 100 of the most respected appellate advocates in our State. Michael is also certified as an Appellate Specialist by the California State Bar’s Board of Legal Specialization.
The firm includes California’s leading experts on local government revenues, including Propositions 13, 62, 218 and 26 and the attorneys have argued 10 government revenue cases in the California Supreme Court since 2004. The litigators have broad experience in public-sector litigation and such private-sector topics as general commercial litigation, labor and employment, unfair competition and intellectual property. And have especially deep experience in class action challenges to local government revenue measures of all types. Currently the firm is handling challenges to water, electric and gas rates for cities, counties and special districts around California.
On April 4th, the City Council accepted the City Manager’s recommendation and directed that an updated retainer agreement be prepared and placed on this agenda.
Additionally, during the meeting Mr. Colantuono suggested that the scope be expanded to include advising the City Clerk, if requested, as to the drafting of the impartial analysis and defending any litigation that arises challenging said analysis. I agreed to make such a recommendation to the City Council.
The City Clerk Eleanor Manzano has informed me that she intends to formally oppose any proposed Charter Amendment that would make the position of City Attorney appointed rather than elected by the voters of the City. She also plans to assist in the drafting of the argument against such a proposed amendment and seeks to co-sign such argument. Therefore, the agreement for legal services is being amended to reflect that Mr. Colantuono will advise the City Clerk’s designee within the City Clerk’s office in drafting the impartial analysis, if so requested, as well as defending any litigation that arises challenging said analysis.
N.6., File # 23-5930 Meeting Date: 4/18/2023
COORDINATION
The Agreement for Legal Services will be approved by both Colantuono Highsmith & Whatley, PC and the City Attorney’s Office and will be added as a Blue Folder item as soon as agreed to and signed by Mr. Colantuono.
FISCAL IMPACT
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 interviewed by the City Manager’s Office, which ranged from $335 to $575 per hour.
ATTACHMENTS
· Agreement for Legal Services with Colantuono Highsmith & Whatley, PC (to be added via blue folder when agreed to and signed by Mr. Colantuono)