City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: October 22, 2024 FROM: CITY ATTORNEY’S OFFICE WARDS: ALL
SUBJECT: ADD THE LAW FIRM OF SHUTE MIHALY & WEINBERGER TO THE PANEL OF AUTHORIZED ATTORNEYS FOR THE CITY; CONSIDER APPROVAL OF AND AUTHORIZE A THREE-YEAR LEGAL SERVICES AGREEMENT WITH THE LAW FIRM OF SHUTE MIHALY & WEINBERGER; AUTHORIZE THE CITY ATTORNEY TO EXECUTE THE LEGAL SERVICES AGREEMENT AND ENGAGEMENT LETTER with THE LAW FIRM OF SHUTE MIHALY & WEINBERGER FOR SPECIALIZED LEGAL SERVICES, AND ESTABLISH A BUDGET OF $425,000 FOR SHUTE MIHALY & WEINBERGER TO REPRESENT THE CITY IN THE LAWSUIT ENTITLED CITY OF RIVERSIDE V. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA – SUPPLEMENTAL APPROPRIATION ISSUE:
To consider whether to add the law firm of Shute Mihaly & Weinberger to the panel of authorized attorneys for the City, to consider approval of a three-year legal services agreement with the law firm of Shute Mihaly & Weinberger, and to establish a budget of $425,000 for the law firm of Shute Mihaly & Weinberg to represent the City in the lawsuit entitled City of Riverside v. The Regents of the University of California.
RECOMMENDATION:
That the City Council:
Add the law firm of Shute Mihaly & Weinberger to the panel of approved attorneys for the City, approve a three-year legal services agreement with the law firm of Shute Mihaly & Weinberger and authorize the City Attorney or designee to execute the legal services agreement and engagement letter with Shute Mihaly & Weinberger to represent the City in the lawsuit entitled City of Riverside v. The Regents of the University of California for a budgeted amount of $425,000; and With at least five affirmative votes, authorize the Chief Financial Officer, or designee, to record a supplemental appropriation in the amount of $425,000 in the General Fund, City Attorney’s Office Legal Services account.
BACKGROUND:
City Charter section 702, “Eligibility, powers and duties of City Attorney,” provides, in part, that “the City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein.” DISCUSSION:
In 2021, the Regents of the University of California approved their long-range development plan (“LRDP”) for the Riverside campus (“UC Riverside”). The City had reviewed the draft environmental documents and submitted comments requesting that the Regents fully analyze and mitigate potential impacts to the City. The Regents did not address the City’s and others’ concerns and approved the project. The City and the Regents pursued settlement efforts for several years but were unable to come to terms.
Left with no alternative, the City sued the Regents. The results of this action may have long-ranging effect on the City’s ability to make the Regents mitigate the impacts caused by their projects. Shute Mihaly & Weinberger has extensive successful experience representing CEQA petitioners, and a partner (Ms. Winter King) successfully represented petitioners challenging the Regents’ UC Berkeley LRDP.
STRATEGIC PLAN ALIGNMENT: The retention of experienced outside counsel to provide services supports all priorities of the City of Riverside’s Envision Riverside 2025 Strategic Plan, as such advice is provided to all departments of the City, the City Council, Boards and Commissions.
This item aligns with each of the five Cross-Cutting Threads as follows:
Community Trust – Riverside is transparent and makes decisions based on sound policy, inclusive community engagement, involvement of City Boards & Commissions, and timely and reliable information. Use of outside counsel that specialize in specific areas of the law supports and aids the making of such decisions.
Equity – Use of outside counsel that specialize in specific areas of the law benefits the entire community by ensuring that such efforts comply with all aspects of the law.
Fiscal Responsibility – The City Attorney’s Office is expending funds in a careful and judicious manner balanced against the need for specialized legal counsel when the circumstances warrant.
Innovation – The retention of specialized legal counsel to provide specialized legal advice supports City innovation efforts by ensuring that such efforts comply with all aspects of the law.
Sustainability & Resiliency – The retention of specialized legal counsel to provide specialized legal advice supports City goals of sustainability and resiliency by ensuring that such efforts comply with all aspects of the law.
FISCAL IMPACT:
The total fiscal impact of this action is $425,000 to cover services up to and including the trial. With Council approval, a supplemental appropriation of $425,000 will be recorded in the General Fund, City Attorney Outside Legal Services account number 1300000-421100. There are sufficient General Fund reserves to accommodate the supplemental appropriation.
Prepared by: Jack Liu, Interim City Attorney
Certified as to
availability of funds: Kristie Thomas, Finance Director/Assistant Chief Financial Officer 2