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REPORT <br />To the Honorable Mayor and City Council <br />From the City Manager <br /> <br />January 25, 2016 <br />SUBJECT <br />Legal Professional Services Agreements and Related Budget Appropriations <br /> <br />RECOMMENDATION <br />1. By motion, approve work contemplated by and ratify Legal Professional Services <br />Agreements for Burke, Williams & Sorensen in the amount of $250,000.00 and Kerr & <br />Wagstaffe in the amount of $200,000.00 <br />2. Adopt a Resolution Approving an Appropriation in the Amount of $450,000 from <br />the Redwood City General Fund Reserve to the Attorney Fees Fund <br /> <br />BACKGROUND <br />On June 8, 2015, the City Attorney submitted a staff report authorizing executing and/or <br />ratifying various legal professional services agreements and budget amendments in <br />order to provide for special counsel services. This report requires adjustment due to the <br />need to appoint an acting city attorney while City Attorney Pamela Thompson is on <br />leave (as approved by Council during its December 14, 2015, meeting) and also for <br />defense costs associated with new litigation, Citizens for the Public Trust, et al. v. City <br />of Redwood City. <br />ANALYSIS <br />Based on the authority inherent in the Charter-described City Attorney duties, the City <br />Attorney identifies and selects special counsel for designated assignments, enters into <br />legal agreements, and reviews invoices for work performed. Work anticipated to be in <br />excess of $60,000 is approved by the City Council. <br />On December 14, 2015, the City Council voted to appoint Michelle Kenyon of the law <br />firm Burke, Williams & Sorensen, as acting City Attorney during Ms. Thompson’s leave. <br />The fee arrangement includes a flat rate of $27,500 per month for 23 hours per week <br />and attendance at two regular City Council meetings per month. Any additional time if <br />needed will be billed at standard public agency rates as specified in the agreement. <br />Although Ms. Thompson is expected to return in early February, out of an abundance of <br />caution, it is recommended that the City Council authorize this appointment and <br />associated expenditures until June 30, 2016. <br />In addition, the City Attorney has hired two law firms to assist with new litigation, <br />Citizens for the Public Trust, et al. v. City of Redwood City – Kerr Wagstaffe and <br />Downey Brand. <br />6.3.D. - Page 1