HomeMy WebLinkAbout19 - NB-1 - Provide Direction to Staff Regarding the - 1/2/20181
CITY COUNCIL AGENDA REPORT
MEETING DATE: JANUARY 2, 2018 ITEM NUMBER: NB-1
SUBJECT: PROVIDE DIRECTION TO STAFF REGARDING THE PREPARATION OF A DETAILED
STAFF REPORT REGARDING THE POSITION OF THE CITY ATTORNEY
DATE: DECEMBER 13, 2017
FROM: OFFICE OF THE CITY COUNCIL
PRESENTATION BY: COUNCILMEMBER JOHN B. STEPHENS
FOR FURTHER INFORMATION CONTACT: COUNCILMEMBER JOHN B. STEPHENS
RECOMMENDATION:
Councilmember John Stephens requested that an item be placed on the agenda to
discuss the position of the City Attorney and explore options for filling that position.
Staff recommends that the City Council provide direction to staff on the preparation of a
detailed staff report regarding the City Attorney position.
BACKGROUND:
Currently in Costa Mesa, the position of the City Attorney is appointed by the City Council
and is a contract position. Jones & Mayer has been the contract City Attorney since
2004. According to Section 12 of the contract between Jones & Mayer and the City,
“Jones & Mayer shall at all times serve under the terms of this Agreement at the pleasure
of the City Council, and the City Council hereby reserves the right to terminate this
Agreement at will, with or without cause, by providing written notice to Jones & Mayer.
Upon receipt of any termination notice, Jones & Mayer shall cease all services under this
Agreement except as may be specifically approved by the City.”
Attachment A is a survey of all cities in Orange County and the type of arrangement they
have established for city attorney services. The table below is a summary of the survey.
Type of City Attorney
Service
Number of Cities with this
Arrangement
In-House 3
Elected 1
Hybrid 1
Contract 29
The table shows that of the 34 cities in Orange County there are 29 cities that contract out
the city attorney position and three that have an in-house city attorney. The City of
Huntington Beach is the only Orange County city with an elected city attorney. The City
of Santa Ana has a hybrid city attorney’s office where there is a contract city attorney and
in-house deputy city attorneys.
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ANALYSIS:
The options for filling this position are as follows:
1. Elected City Attorney
A City Attorney can be an elected position voted by the electorate for a set term.
This would require the City Council to authorize this as a ballot measure for an
upcoming election.
2. In-House City Attorney
The City Council can also designate the City Attorney as a City Employee. The
process would be for the City Council to approve a job description and authorize
and fund the position. This would be an at-will position and hired by the City
Council the same as the City Manager position.
3. Contract City Attorney & Issue a Request for Proposal for Legal Services
The City can issue a Request for Proposal (RFP) for legal services and continue
to maintain the City Attorney as a contract City Attorney. The process would be
to have the Council approve the RFP, review the proposals received, conduct
interviews and select a firm and designated City Attorney.
4. Continue with the Current Law Firm
The City Council can continue with the contract with Jones & Mayer and not
make a change at this time.
ALTERNATIVES CONSIDERED:
1. The City Council can direct staff to prepare a more detailed report on the options
available for the City Attorney position.
2. The City Council can receive and file this report and maintain the status quo.
FISCAL REVIEW:
The Table 1 below shows the amount the City has paid Jones & Mayer for legal
services for the last five years.
Table 1: City of Costa Mesa Legal Services Costs for FY 2012-13 to FY 2016-17
Fiscal Year Total Cost
FY 2012-13 $1,386,813
FY 2013-14 $1,721,305
FY 2014-15 $1,940,042
FY 2015-16 $1,718,612
FY 2016-17 $2,535,871
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By way of comparison, legal services costs for the last five years for five Orange County
cities is listed below along with the City of Costa Mesa. This is shown in Table 2 below.
Table 2: Legal Services Costs Comparison for FY 2012-13 to FY 2016-17*
Fiscal
Year
Costa
Mesa
(Contract)
Buena
Park
(Contract)
Irvine
(Contract)
Newport
Beach
(In-House)
Orange
(In-House)
Tustin
(Contract)
FY 2012-13 $1,386,813 $234,690 $1,370,666 $1,706,853 $1,146,818 $1,148,322
FY 2013-14 $1,721,305 $325,625 $1,092,863 $1,446,374 $1,263,975 $1,382,309
FY 2014-15 $1,940,042 $446,461 $1,624,327 $1,487,893 $1,134,935 $1,428,462
FY 2015-16 $1,718,612 $663,918 $1,131,621 $1,504,782 $1,300,651 $1,071,190
FY 2016-17 $2,535,871 $914,030 $1,698,049 $1,583,007 $1,971,846 $912,878
*Note: This is a sample list of cities and it is a straight cost comparison of the total amounts
paid to the City Attorney in each city for each fiscal year. For the cities of Newport Beach and
Orange with in-house City Attorney services, the totals are department budget actuals per
fiscal year, including salaries and benefits and maintenance and operations costs.
Table 3: Legal Services Hourly Rate Comparison
Further cost analysis on Table 3 below shows the general legal services hourly rates for
each of those same cities, including Costa Mesa.
City Hourly Rate for General Legal Services
Costa Mesa $177
Buena Park $200
Irvine $215
Newport Beach No Hourly Rate Specified $237,800 base
salary, plus benefits and PERS
Orange No Hourly Rate Specified $217,740 base
salary, plus benefits and PERS
Tustin $218
CONCLUSION:
Staff recommends that the City Council provide direction to staff on the preparation of a
detailed staff report regarding the City Attorney position.
THOMAS R. HATCH TAMARA S. LETOURNEAU
City Manager Assistant City Manager
Attachment A: Survey of Orange County Cities – City Attorney Position