Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: February 18, 2025
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Approval of a new Legal Services Agreement for the City Attorney Recommendation:
It is the recommendation that the Honorable City Council consider approval of a new Legal Services Agreement for the City Attorney.
Fiscal Impact:
The current City Attorney rates are as follows: $250 for Senior Attorneys; $195 for Junior Attorneys; $150 for Paralegals and $120 for Law Clerks. The new rates are shown on the attached agreement which take into account that the prior rates have not increased in seventeen years. The new rates are proposed at $295 for Senior Attorneys; $250 for Junior Attorneys; $195 for Paralegals and $175 for Law Clerks. These proposed rates reflect an increase of approximately eighteen percent and are more consistent with rates being charged by municipal law firms at this time. The new contract also proposes the elimination of the retainer requirement to simplify the billing process. No additional appropriation is being requested at this time as the estimated increase in legal fees, which equates to $73,035 for the remainder of the fiscal year, was included as part of the proposed mid-year budget adjustments. The new annual projection for City Attorney legal cost is estimated at $1,155,035.
Strategic Plan Goal:
This item aligns with Goal G: Organizational Effectiveness and Sustainability in the City of Victorville Strategic Plan 2023 – 2026. The City Attorney’s office works closely with the City Managers office and City Department heads to ensure compliance with all legal requirements by the City and also ensures legal compliance by City Council members with California Law.
Background:
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The Firm has been retained as City Attorney since 2002 but has represented the City in other capacities since 1990. Some of the achievements the Firm has accomplished during the Firm’s representation as follows:
•The Firm was originally retained by the Victor Valley Economic Development Authority (“VVEDA”) in 1990 to help with the transition of the former George Air Force Base to civilian uses. Given the firm’s familiarity with the Base Realignment and Closure Act (“BRAC”) and California Redevelopment Law and specifically the special legislation which we helped draft (Assembly Bill 419), the Firm was retained to assist in both the structuring of the joint powers agreement and the adoption of the largest redevelopment plan in California to which Victorville became a major participant.
•As a result of its work with VVEDA, the Firm was ultimately retained by the Victorville Redevelopment Agency to provide general counsel services in February of 1995.
•In 1997 the Firm structured the Joint Powers Authority creating the Southern California Logistics Airport Authority (“SCLAA”) which today governs the activities at the former George Air Force Base now Southern California Logistics Airport.
•In 2002, the Firm was retained as City Attorney to the City of Victorville and remained as general counsel to the Victorville Redevelopment Agency until its dissolution in 2012.
•As the City Attorney the Firm represents the Victorville Water District, Victorville Municipal Utility Services, the successor agency to the Victorville Redevelopment Agency, the Victorville Joint Powers Financing and the SCLAA.
•Based upon its representation of Victorville and various related entities for almost 35 years the Firm has developed knowledge and expertise of issues facing Victorville which is unmatched by any other law firms.
Discussion:
Attached for the City Council consideration is a new Legal Services Agreement. At the August 3, 2022, City Council meeting, the City Council approved the existing Legal Services Agreement Contract for the City Attorney which had a three (3) year term expiring in 2025. That Agreement allowed for annual renewals however, at this time, the Firm is requesting consideration of a new three (3) year term to address the increase in costs associated with the Firm’s ongoing representation of the City.
The Firm’s compensation has not increased for the past seventeen (17) years.
Accordingly, the Firm is seeking a new three (3) year contract to address the cost of living increases and cost of service increases experienced by the Firm over the past seventeen (17) years. In addition, a provision has been added which provides that a termination of this contract, other than for cause, would require a four fifths vote.
The proposed contract is attached hereto for your consideration; 4 0
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Attachments: A - Legal Services Agreement for the City Attorney