HomeMy WebLinkAboutCC 19 LEGAL SERVICES 11-07-94ENDA___._
ATE:
NOVEMBER 2, 1994
Inter-Com
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
WILLIAM A. HUSTON, CITY MANAGER
LEGAL BERVICES
BACKGROUND:
The city Council directed staff to prepare a report which compares
Tustin's legal fees with similar cities. Staff had submitted a
report to the city Council in 1992 which addressed questions
concerning the City's retainer, billing rates, total fees for legal
expenses and other matters. This report includes more detailed
information concerning fees, how legal services are provided in
other cities and compares those with Tustin.
SURVEY METHOD:
Staff identified fifteen california cities that are similar to
Tustin based on population range, development activity and services
provided. While it is not possible to make exact comparisons,
using reasonable criteria did result in a survey that should enable
the City Council to draw conclusions from the data. The report
will also point out considerations that while not necessarily
quantifiable, are equally important.
Of the survey group of fifteen cities, staff was able to obtain
information from thirteen that is reliable and reasonably accurate.
Two cities were dropped from the survey because they could not
provide'the requested information. It must be stressed that the
data presented in this report was obtained from officials of the
survey c~ties'and Tustin staff has no other basis to attest to the
accuracy of the information. Each city has different accounting
and budgeting systems which can make it difficult to obtain
comparable data. Tustin staff spent a considerable amount of time
when interviewing the survey cities to ensure as best as possible
that the data is accurate.
Legal Services
November 2, 1994
Page two
The thirteen survey cities include:
Carlsbad
Fairfield
Livermore
Napa
Pleasanton
Santa Maria
Thousand Oaks
Walnut Creek
Brea
Camarillo
Chino
Corona
Lancaster
Eight of the cities have in-house City Attorneys and five have
contract City Attorneys. Exhibits 1 and 2 of this report provide
a summary for each city which indicates:
Current population
General Fund budget amount
Permit values (for 1993-94)
General legal expenses (for fiscal years 1993-94 and
1994-95).
Other legal expenses (redevelopment, enterprise funds,
etc.).
Level of staffing (for in-house attorneys)
Exhibits 1 and 2 include worksheets used by staff when interviewing
the survey cities. Where available, data is included concerning
rates fo~ contract attorneys, legal expenses for categories of
expenses and other relevant information.
The survey group includes cities with population ranges of 34,000
to 115,524. The general fund budget amounts and building permit
values provide a basis to make judgements about the size of each
City's operations and development activity which have direct
bearings on legal expenses. Care was taken to not include cities
Legal Services
November 2, 1994
Page three
that would skew the data. For example, there are several other
cities the size of Tustin that are not comparable for purposes of
this report because they are full service cities (police, fire,
water, sewer, airport, golfcourses, etc.). The survey cities used
include two cities over 100,000 population, Thousand Oaks and
Lancaster. These cities contract for police and fire services but
are similar to Tustin in terms of development activity.
Legal expenses for the survey cities are identified as general and
other legal expenses. The most difficult task staff encountered in
preparing the survey was ensuring that an "apples to apples"
comparison of legal expenses is presented. Because each City
accounts for and budgets legal expenses differently, it was very
important for the credibility of this ~eport to segregate legal
expenses on a consistent basis. For example, some cities lump paid
litigation claims, risk management expenses and third party
administration expenses together. Other cities do not always
allocate legal expenses by fund (water, redevelopment, general,
etc.). Tustin staff spent considerable time with the survey cities
to ensure, as best as possible, that the allocation of legal
expenses by ~omponents is accurate. General legal expenses shown
on Exhibits 1 and 2 include general fund legal expenses and
litigation expenses (but not including paid claims, risk management
expenses, etc.). All other legal expenses include special legal
expenses such as redevelopment, water, etc. (as indicated in the
footnotes). By allocating legal expenses this way, a reasonable
comparison can be made because factors that can skew the numbers
(e.g. some cities have redevelopment agencies and water operations
and others do not) are taken into account.
Exhibit 3 is staff's assessment of what it would cost
were to have an in-house City Attorney. This will be
later in the report.
if Tustin
discussed
This report will also summarize studies prepared by five other
cities regarding legal services.
SURVEY FINDINGS:
For those
services,
$927,000.
cities in the survey group that contract for legal
1993-94 general legal expenses ranged from $222,000 to
Tustin's 1993-94 general legal expenses were $402,000.
Legal Services
November 2, 1994
Page four
For the same cities, 1994-95 budgeted general legal expenses range
from $120,000 to $900,000. Tustin's 1994-95 general legal expenses
are budgeted at $355,300.
For those cities in the survey group that have in-house City
Attorneys, 1993-94 general legal expenses (including amounts for
contract general legal services), ranged from $334,000 to $653,000.
For 1994-95, the expenses range from $319,000 to $593,050.
Exhibits 1 and 2 indicate the level of staffing for cities having
in-house City Attorneys and the hourly rates for contract city
Attorneys. Staff also obtained a survey prepared by the city of La
Palma of twenty three Orange County cities having contract City
Attorney's which indicates that as of January 1994, the average
partner rate charged cities was $134.00 per hour. Tustin currently
pays a partner rate of $120.00 per hour.
In reviewing legal service studies prepared by other cities
(summarized later in this report) it was difficult to obtain
financial data relevant to this study, with one exception. The
City of Palmdale prepared a study in 1991 which included a survey
of fifteen California cities. It included eleven contract cities
and four with in-house City Attorneys. The survey cities ranged in
population from 50,000 to 100,000, but included some full service
cities such as Burbank and Santa Monica. Eight of the cities
included in the Palmdale study (Alhambra, Carson, Downey,
Lancaster, Santa Clarita, West Covina, Whittier and Palmdale)
provide a reasonable comparison for purposes of Tustin's report.
Using these eight cities, Palmdale's study indicates that for a
three-year period including fiscal years 1987-88 through 1989-90,
general legal expenses for those cities was $426,853. For the same
period, Tustin's total (general, litigation, redevelopment, etc.)
legal expenses averaged $435,100. Palmdale's study methodology
appears to be similar to Tustin's report, however, it can only be
assumed that Palmdale's numbers are accurate. Even allowing for
any differences in how the data was collected or segregated, the
Palmdale study appears to provide a fair comparison.
IN-HOUSE LEGAL SERVICES:
Staff prepared a budget for what it anticipates would be the annual
operating cost if Tustin were to have an in-house city Attorney.
Legal Services
November 2, 1994
Page five
Per Exhibit 3, it is estimated that the first year cost, not
including capital outlay, would be $433,750. This amount does not
include $50,000 for Redevelopment Agency special counsel, and
$12,000 that would be directly charged to the Water Fund. By way
of comparison, Tustin's projected 1994-95 general legal expenses
(the amount comparable to Exhibit 3) are $355,300.
Staff feels that given the legal workload and complexity of legal
issues, the City would need a City Attorney, one Assistant City
Attorney and one Secretary to properly staff a City Attorney's
office. In addition, $92,000 would be included for outside law
firms to handle litigation and any necessary specialized legal
services. Because of the complexity of redevelopment law, the
proposed budget assumes that outside legal counsel would be needed
for redevelopment matters, the cost of which would be charged to
the Redevelopment Agency.
When assessing the level of staffing required, consideration has to
be given to productive work time, sick leave, vacations, training,
etc. If Tustin were to have one in-house City Attorney and all
other legal work performed by contract law firms, the City Attorney
would have to deal with:
Attending all City Council meetings
Attending all Planning Commission meetings
Assist with preparing agenda materials each week
Coordinating and monitoring all contract legal work
Handling code enforcement matters (where legal action is
required)
Allocate time required for training
Handling day-to-day matters (contracts, agreements, legal
opinions and research, etc.)
Because of the volume and complexity of legal issues that must be
dealt with, it would be highly questionable if it would be cost-
effective to have one in-house City Attorney performing the above
duties. There are also practical considerations of back-up support
during vacations, or if the individual were sick, etc.
Legal Services
November 2, 1994
Page six
The city's operations will continue to grow, particularly given the
development potential associated with closure of the Marine base
and the Pacific Center East project. Over the next ten plus years,
the city could potentially undertake $300 million dollars in
capital improvement projects, all of which entail complex legal
agreements. Any expansion of an in-house City Attorney function
could, of course, occur over time as the need arises. But from the
onset of an in-house legal department, it is staff's judgement that
two in-house attorneys would be required in order to provide cost-
effective services and maintain sound quality control over any
legal services contracted for.
In 1992-93, the City incurred 1,922 billable hours for general
legal services (not including litigation). In 1993-94, billable
hours for general legal services (not including litigation) were
1,978 hours. A full time employee generally works a base of 1,840
hours per year. Based solely on billable hours, one full time City
Attorney could handle general legal matters. However, as a
practical matter, consideraton must be given to:
Productive hours - The billable hours for the City's
present contract law firm is spread over a base that
includes eighteen attorneys and their support staff.
Attorneys are assigned to a work task depending upon the
expertise required. It is highly questionable whether
one in-house City Attorney could cover all meetings
required to be attended, meet weekly agenda deadlines,
handle day-to-day matters and monitor and coordinate
contract law firms (principally litigation and
specialized work such as redevelopment, bond issues,
etc.).
Quality of service - Tustin is situated in a complex
urban area where state of the art knowledge of municipal
law and .depth of experience are very important.
Municipal law is an accumulation of a great number of
subspecialties. To protect the City's legal and
financial interests, consideration must be given to the
practicality and whether it would be prudent to channel
all the City's legal matters through one person.
Legal Services
November 2, 1994
Page seven
The proposed budget for an in-house City Attorney of $433,750
includes annual operating costs, but does not include the initial
capital outlay (furniture, law library, etc.). As discussed above,
staff believes that a city Attorney and Assistant City Attorney
would be required. A secretary would also be needed because the
City's existing clerical staff is not large enough to absorb the
workload that would be created by the attorneys. In order to deal
with the issues of backup and specialization, one attorney would
ideally have a strong background in land use law and the other in
general municipal law and a specialty such as litigation. This
would depend on the labor market and how flexible the City would be
concerning salaries and benefits. The proposed salaries for the
in-house City Attorney staff are based on comparable cities in
Orange County. The budget contains $92,000 for contract legal
services which includes $82,000 for litigation and $10,000 for any
necessary specialized legal services. These amounts are based on
averages for the past two years, but can vary either way depending
on many circumstances. As noted on Exhibit 3, the budget does not
include Redevelopment Agency legal services (which most likely
would be contracted out) and water enterprise fund expenses.
Backing out the cost of litigation and specialized services is
another way of comparing the cost of in-house and contracted legal
services. The proposed budget described above for an in-house City
Attorney includes $92,000 for outside law firms. Deducting this
amount, i.e. litigation defense and specialized services cost, the
proposed in-house budget is $341,750. Using the City's 1992-93 and
1993-94 billable hours for general legal services (not including
litigation defense), the city paid $222,350 and $227,520
respectively. In 1992-93, 57% of the city's billable hours for
general legal services was at the partner rate and 43% at associate
and paralegal rates. In 1993-94, 55% of the city's billable hours
was at the partner rate and 45% at associate and paralegal rates.
FACTORS .TO CONSIDER:
Regardless of whether the City Council decides to continue to
obtain legal services through a contract law firm or create an in-
house city Attorney department, the following factors should be
considered:
Cost of service
Level and quality of service
Legal Services
November 2, 1994
Page eight
Expertise and specialization necessary to
city's legal needs
Depth of experience and backup
Track record and competence of the attorneys
Responsiveness and availability
Complexity and volume of legal work
serve the
STUDIES BY OTHER CITIES:
Staff reviewed legal service studies prepared by the cities of
Palmdale, Santa Clarita, Moreno Valley, Santa Clemente and
Manhattan Beach. The following is a summary of the studies and any
actions taken as a result of the studies.
Palmdale (Population 89,717) - Its 1991 study surveyed
fifteen California cities using data for three fiscal
years. The financial data from this study is referred to
on page four (4) of this report. The Palmdale study made
reference to the difficulty in obtaining comparable data
but did note that "both budgeted and actual expenses for
cities with in-house attorney services are higher than
cities that contract out for legal services".
At the time of the study, Palmdale had a population of 65,357 and
its three year average of general legal expenses was $396,714.
Palmdale contracts for police and fire services. At the time of
the 1991 study, Palmdale contracted for legal services and then
decided to convert to an in-house City Attorney, one Assistant city
Attorney and one secretary. The City Attorney subsequently left
the City. Palmdale now has an in-house Assistant City Attorney and
a contract law firm which serves as City Attorney. The city has
not decided yet whether to fill the in-house city Attorney
position, continue with status quo or convert back to contract
services. Palmdale's 1993-94 general legal expenses were $477,000.
Santa Clarita (Population 123,000) In 1994, a survey
was conducted of fifteen California cities which computed
each city's general legal expenses as a percentage of the
general fund. The percentages ranged from one percent to
five percent. Eight of the cities were at one percent;
the balance were at two - five percent. Tustin was
included in the survey and was at one percent.
Legal Services
November 2, 1994
Page nine
Moreno Valley (Population 133,706) - Its 1993 study
assessed whether to continue its contract for legal
services or convert to in-house. The study concluded it
would be more cost-effective to remain with a contract
law firm. However, in January 1994, the City did hire an
in-house City Attorney supplemented by contract law
firms. Moreno Valley currently contracts for police and
fire services and does not provide any utility services.
San Clemente (Population 44,166) - A 1991 consultant
study recommended that the City continue with a contract
law firm. A new study was prepared in 1992 and reached
the same conclusion. The 1992 study indicated that if
legal services were provided in-house, it would require
two attorneys and one secretary.
Manhattan Beach (Population 32,139) - Its 1993 study
evaluated options to contract legal services. The
consultant-prepared study cited the City of San Pablo as
an example of what typically happens when a smaller City
converts from contract services to in-house. San Pablo's
legal expenses increased 21% within -three years after
converting to an in-house City Attorney. The Manhattan
Beach consultant recommended the City convert to an in-
house City Attorney, which it did. After approximately
one year, the in-house City Attorney left the City which
then retained the same law firm used prior to the
conversion. The City has not decided yet whether it will
remain with the contract law firm or refill the in-house
City Attorney position.
EXHIBIT i
CITY CA,,~.SBAD Asst. City Mgr. Sr. M§mt. Ass.
POPULATION 67,172
GEN FUND
OP BUDGET $32.8 Milllion
RDA Yes ($1.8 Million)
SPECIAL DISTRICT
ENTERPRISE City Council
FUNDS(LIST) Water, Sewer Board for Water District
1993/94
PERMIT VALUES $11,441,728
CONTRACT
SERVICES: N/A
LEGAL EXPENSES
1993/94:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
HOURLY RATES
RETAINER
OTHER COMP
COMMENTS:
IN HOUSE
ATTORNEY:
DEPT BUDGET:
1993/94 $421,269
1994/95 5464,000
NO. OF STAFF 5: City Atty., Asst. City Atty., Dap. City Afy.
AND TITLES Sec. to City Afl)'., Admin.
CITY ATT SALARY $104,468 annually Dap. City Atty. $68,770 annually
ASST. ATT SALARY $101,374 &nnually
LEGAL EXPENSES $358,605 = (one vacant posibon for full year
1993/94: accounts for significant savings)
GEN FUND $206,083
W/COMP 0
LIABILITY CLAIMS 0
RDA $32,409
ENTERPRISE Water: $56,471
OTHER Sewer: $63,642
LEGAL EXPENSES
BUDGET 1994/98: $464,000
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
COMMENTS: ;ost allocation for 1994-95 unavailable, under revision
ATTORNEY SURVEY
CITY iL FAiP. rlELD Shawn Ouinn, Red. Dir.
POPULATION 85,921 *
GEN FUND
OP BUDGET $31 MiBion
RDA Yes
SPECIAL DISTRICT County
ENTERPRISE
FUNDS(LIST) Water, Sewer, 2, 18 hole public golf courses
1993/94
~ PERMIT VALUES $33 Million
CONTRACT
SERVICES:
~EGAL EXPENSES
1993/94:
GEN FUND $100,000
W/COMP
LIABILITY CLAIMS
RDA $100~000
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95
GEN FUND $379,000 Just a line Item - not broken down. Carried over.
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
HOURLY RATES $125,00
RETAINER
OTHER COMP
COMMENTS: * Travis AFB counted in population (10,000).
IN HOUSE
ATTORNEY:
DEPT BUDGET:
1993/94 $368,000
1994/95 $368,000 . '
NO. OF STAFF 1/2 time City A~y. Legal Sacs. Contract Claims Mgr.
AND TITLES ~ Asst. C. Affy. Admin. Asst.
CITY ATT SA~RY If rub time (98,000)
DEP ATT SA~RY {82,000)
LEGAL EXPENSES
1993/94:
GEN FUND
W/COMP
LIABILITY C~IMS
RDA $100,000 (estimate) does not inet, bond counsel or
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95:
GEN FUND $368,000 - ~rozen 1or 3 years
W/COMP
LIABILITY C~IMS
RDA
ENTERPRISE
OTHER
COMMENTS: They have an in-house a~orney for general purposes
and contract for RDA. Affordable housing uses special
counsel over and above this.
' 1 !~ C~T~T T O-R~E~S U R V E Y I
,: Karan Major,-RDA
CITYli LIVE~MORE Kathy Rooney - Financa
POPULATION 62.857
GEN FUND
OP BUDGET $2g.860.980
RDA Yes
ENTERPRISE water, Sewer
FUNDS(LIST) Airport, 2 golf courses
1993/94
PERMIT VALUES $86,888,000
CONTRACT
SERVICES:
LEGAL EXPENSES
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
HOURLY RATES
RETAINER
OTHER COMP
COMMENTS: Only use the contract attorney for over and above what the
~n-house staff can handle.
IN HOUSE
ATTORNEY;
DEPT BUDGET:
1993194 $421,140 (Does not include any outside
1994/95 $415,490 counsel and only part of Risk Mgmt,)
NO. OF STAFF 1-City Atty., I Asst. City Arty,
AND TITLES 1 -Lgl. Sec. 1 - Lgl. CIk Typist
CITY ATT SALARY $8205/mo
DEP ATT SALARY $4861-6076/mo
LEGAL EXPENSES
1993/94:
GEN FUND $1,376,060
W/C O M~P. $564,550
LIABILITY CLAIMS
RDA $412,250
ENTERPRISE $1,363,280
OTHER
LEGAL EXPENSES
BUDGET 1994/95:
GEN FUND $1,174,400
W/COMP $603,900
LIABILITY CLAIMS
RDA $2,241,430 (Major projects on - going)
ENTERPRISE $12,104,910
OTHER
COMMENTS:
199~.~4 CITY ATTORNEY SUl~Vt;~ ~1
POPULATION 66,265
GEN FUND OP
BUDGET 94-95 25,116,662
RDA
SPECIAL DISTRICT City maint. - landcaping (12} districts
ENTERPRISE Water, Sawer,
FUNDS(LIST) Perking Golf Course
1993/94
PERMIT VALUES 19,705,005
CONTRACT
SERVICES:
LEGAL EXPENSES
1993/94:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994195:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
HOURLY RATES $100/Hour
RETAINER No
OTHER COMP ,
COMMENTS: Contact: Asst. Fin. Dir. - Edna Mesbad (707) 257-9501
IN HOUSE
ATTORNEY:
DEPT BUDGET:
1993/94 i653,000 Lots of litigation ~est year - continuing into this year.
1994/95 ~48,000 Normally about $250K Legal Sec. shared
NO. OF STAFF City Atty. - Full time Legal Sec. shared by legal admin.
AND TITLES Asst. City Atty.* part-time ofc. and City Mgr.
CITY ATT SALARY $6189-7477/mo
DEP ATT SALARY (contract - see above)
LEGAL EXPENSES
1993/94:
GEN FUND $620,000 []
W/COMP
LIABILITY CLAIMS
RDA 50,000 (Bonds only)
ENTERPRISE 4,000 {because water pays overhead emi. to water. They don't
OTHER isolate enterprise funds).
LEGAL EXPENSES
BUDGET 1994195:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
COMMENTS: i[mJ Does not include liab. & w/c. Self insured and have
administrator who hires · contract attorney to handle. They
contract out ell labor and risk management litigation. Currently
in suit with garbage co. - contracted out legal work.
199~CITY ATTORNEY SURVEY
POPULATION 56,552
GEN FUND
OP BUDGET $33.9 Million
RDA No
SPECIAL DISTRICT No
ENTERPRISE Water, Sewer (collection
FUNDS{LIST) only not tre&tment)
1993/94
PERMIT VALUES $100 Million
CONTRACT
SERVICES:
LEGAL EXPENSES
1993/94:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
HOURLY RATES
RETAINER
OTHER COMP
COMMENTS: Contact: Fin. Dir. - Sue Rossi (510) 484-8008
IN HOUSE
ATTORNEY:
DEPT BUDGET:
1993/94 $334,000
1994~95 $319,000
NO. OF STAFF City Atty., Assist. City Atty. - Full-time
AND TITLES 1 Secretary (ehmred)
CITY ATT SALARY mid S7913/mo
DEP ATT SALARY mid $6013/mo
LEGAL EXPENSES
1993/94:
GEN F.UND $334,000
W/COMP $45,000 {outside edmin included)
LIABILITY CLAIMS $5,000
RDA
ENTERPRISE
OTHER
L-~ EXPENSES
BUDGET 1994/95:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
COMMENTS:
199.~ CITY ATTORNEY SU~Vb ¥
CITYI! SAN~. ~IARIA City A[lny- Art
POPULATION 67,822
GEN FUND
OP BUDGET $25,176,000
RDA YES
SPECIAL DISTRICT Ltbrar/, quimby rec
ENTERPRISE
FUNDS(LIST) Water, Refuse, Waste Water
1993/94
PERMIT VALUES $44 Million
CONTRACT
SERVICES:
LEGAL EXPENSES
1993/94:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
HOURLY RATES
RETAINER
OTHER COMP
COMMENTS:
IN HOUSE
ATTORNEY:
DEPT BUDGET:
1993/94 $372,200
1994/95 $336Jt80
NO. OF STAFF
AND T~TLES total 5:3 City Attorneys, 1 Sect}', 1 p/t CIk
CITY ATT SALARY $61,000 - $96,500
DEP ATT SALARY
LEGAL EXPENSES
1993/94: $348,432
GEN FUND
W/COMP
LIABILITY 'CLAIMS
RDA
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95:
GEN FUND $336,480
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER $20.000 Outside council
COMMENTS: The general fund expense does not include the salades for
1,83 of City Attorney which are charged directly to RDA,
enterprise, and CDBG funds (salaries are split and charged
directly to funds), Have a JPA for Wrks Comp and Risk
199~_~C~TY--A-TTORNEY SURVEY
CITYII THOU~,~D OAKS Bob Biary- Finance .
POPULATION 110,000
GEN FUND
OP BUDGET $34,000,000
RDA Yes
SPECIAL DISTRICT
ENTERPRISE
FUNDS(LIST) Civic Ctr district, Golf, Trens, Water, Waste Water, Solid Waste
1993/94
PERMIT VALUES 108 million
CONTRACT
SERVICES:
.EGAL EXPENSES
1993/94:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
HOURLY RATES
RETAINER
OTHER COMP
COMMENTS:
IN HOUSE
ATTORNEY;
DEPT BUDGET:
1993/94 $375,000
1994/95 S375,000
NO. OF STAFF
AND TITLES 5 staff: I Cit), Attn),, I Dap Cit), Attn),, I Asst Cit), Attn),, 2 Sect)'
CITY ATT SALARY $90,000 A STEP
DEP ATT SALARY $65,000 A STEP
LEGAL EXPENSES
1993/94:
GEN FUND $375,000
W/COMP
LIABILITY CLAIMS
RDA '"
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95:
GEN FUND $376,780
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
COMMENTS: Contracts for Police Svcs, Fire Dist (county), Recreation Park
Park District (sap board), for outside litagation on RDA and Watel
Solid Waste use outside Attorney, uses a cost allocation plan
to charge all funds (overhead charge).
-- --~19~ C-[¥~TT-"ORNEY SURVEY
CITYI~_~.. WALN~., CREEK
POPU~TtON 62,859
GEN FUND
OP BUDGET $29,541,000
RDA
SPECIAL DISTRICT none
ENTERPRISE
FUNDS(LIST) Golf Course (contract out)
1993/94
PERMIT VALUES 69 Million
CONTRACT
SERVICES:
LEGAL EXPENSES
1993/94:
GEN FUND
W/COMP
LIABILITY C~[MS
RDA
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95
GEN FUND
W/COMP
LIABILITY C~IMS
RDA
ENTERPRISE
OTHER
HOURLY RATES-
RETAINER
OTHER COMP
COMMENTS:
IN HOUSE
ATTORNEY:
DEPT SUDGET: includes outside iegsl
1993~94 $470,093
1994/95 $593.048
NO. OF STAFF
AND TITLES Total 4 - I City A~ny, 2 Assr Ci~ Affnys. 1 Secty
CITY ATT SA~RY $107,208
DEP ATT SA~RY $75,000
LEGAL EXPENSES
1993/94:
GEN FUND $470,093
W/COMP
LIABILITY
RDA $37,910
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95:
GEN FUND $593,048
W/COMP
LIABILITY C~IMS
RDA $15,000
ENTERPRISE
OTHER
COMMENTS: The $123.000 increase is due to a recent reorg~n~ation in
the City A~ny office which increased sslades and benefits.
EXHIBIT 2
0
CITYII . ~A Larry Hurst, Director of Finance
POPULATION 34,000
GEN FUND
OP BUDGET $27,227,000
RDA yes
SPECIAL DISTRICT
ENTERPRISE
FUNDS(LIST) Water, Sewer, Sanitation
1993/94
PERMIT VALUES $27.598,865
CONTRACT
SERVICES:
LEGAL EXPENSES
GEN FUND $248,520
W/COMP $292,378
LIABILITY CLAIMS $197,240
RDA $406,000
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95:
GEN FUND $118,000
W/COMP $400,000
LIABILITY CLAIMS $250,000
RDA $415,000
ENTERPRISE
OTHER
HOURLY RATES :See Comments
RETAINER No retainer. City provides office space in lieu of retainer.
OTHER COMP
COMMENTS: ,135 - Senior Partner
;120 - Partner
~100 - Associate
; 60 - Paralegal
($150 - RDA Senior Partner)
IN HOUSE
ATTORNEY:
DEPT BUDGET:
1993/94
1994/95
NO. OF STAFF
AND TITLES
CITY ATT SALARY
DEP ATT SALARY
LEGAL EXPENSES
1993/94:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA '
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95:
GEN FUND
W/COMP
LiABILiTY CLAIMS
RDA
ENTERPRISE
OTHER
COMMENTS:
CITY JJ CA~*. .LLO Anita Bingham Dir. of Finance
601 Carmen ~
POPULATION 56,000 Camadllo, CA 93010
GEN FUND
OP BUDGET $11 Million
RDA No
SPECIAL DISTRICT
ENTERPRISE Water, Sewer &
FUNDS(LIST) Solid Waste
1993/94
PERMIT VALUES $53,836,663
CONTRACT
SERVICES:
LEGAL EXPENSES
1993/94: Total ~ $443,445
GEN FUND $269,335
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER See Comments 1
LEGAL EXPENSES
BUDGET 1994/95 $341,100
GEN FUND $255,000
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER See Comments 2
HOURLY RATES
RETAINER $72,000 (inc. in Gen. Fund Amount)
OTHER COMP See Comments 3
COMMENTS: 1. $33,822 - CtP $160 - Principal
$59,223 - Dev. Reimb. $155 - Associate
$33,525 - Litigation against County $ 85 - P&ralegal
$25,800 - Sanitation District
$21,740 - CDBG
2. $84,200 - Sanitation District
$ 1,000 - Travet
$ 100 - Printing
$ 800 - Codes
3. City Atty. attends e. II Council meetings. Dept. City Atly. spends
one day a week in City Hall (office space provided).
iN HOUSE
ATTORNEY:
DEPT BUDGET:
1993/94
1994/95
NO. OF STAFF
AND TITLES
CITY ATT SALARY
DEP ATT SALARY
LEGAL EXPENSES
1993/94:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
COMMENTS:
1994 CITY AT¥ORNEY SURVEY
CITY (.,, ,0
POPULATION 62,850
GEN FUND
OP BUDGET $22 Million
RDA Yes (separate Atty.)
SPECIAL DISTRICT
ENTERPRISE
FUNDS(LIST) Water, Sewer, Sanitation
1993/94
PERMIT VALUES $48,632,713
CONTRACT
SERVICES:
LEGAL EXPENSES
1993/94:
GEN FUND $198,200 (See Comment #1)
W/COMP $23,755 (Outside Attorneys)
LIABILITY CLAIMS $225,000 (Outside Attorneys)
RDA $140,400 (Separate firm from City Attorney)
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95:
GEN FUND ;$100,050 (See comment #2)
W/COMP $20,000 (outside attorneys)
LIABILITY CLAIMS $200,000 (outside Attorneys)
RDA $107,450 (separate firm from City Attorney)
ENTERPRISE
OTHER
HOURLY RATES
RETAINER $48,000 (included in General Fund Account)
OTHER C O I~IP
COMMENTS: 1. $ 48,000 - Retainer
$ 27,600 - Litigation, othe~ General Fund
$122,600 - Personnel Related (several outside attorneys)
2. $ 48,000 - Retainer
$ 22,400 - Other General Fund, Litigation
$ 29,650 - Personnel Related (Several outside attorney)
$ 125 - City Attorney
$ 150 - RDA Attorney
IN HOUSE
ATTORNEY!
DEPT BUDGET:
1993/94
1994/95
NO. OF STAFF
AND TITLES
CITY ATT SALARY
DEP ATT SALARY
LEGAL EXPENSES
1993/94:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
COMMENTS:
' -'~994 CiTY ATTORNEY SURVEY
Judy Perry - Finance '~I
CITY 11 C~.. .~]A Katie Kiipatrick - City Mgr$. Office .,I
POPULATION 92,984
GEN FUND
OP BUDGET
RDA Yes
SPECIAL DISTRICT
ENTERPRISE
FUNDS(LiST) Water, Sewer
1993/94
PERMIT VALUES 541,926,016
CONTRACT
SERVICES:
.EGAL EXPENSES
1993/94: Total: S885,559
GEN FUND $578,217
W/COMP
LIABILITY CLAIMS
RDA $50,993
ENTERPRISE $97,668 (utilities)
OTHER 15161,481 (debt service, airport)
LEGAL EXPENSES
BUDGET 1994/95: Total: $606,000
GEN FUND $460,000
W/COMP
LIABILITY I~LAIMS
RDA $48.000
ENTERPRISE $55,000 (utilities)
OTHER $43,000 (misc.)
HOURLY RATES See comments
RETAINER Unavailable
OTHER COMP
COMMENTS: $102.76 For Basic Services
Reimbur$=ble Services es follows;
=$150.00 - Principal Attys. $105.00 Jr. Attys. $65.00 Paralegal
$120.00 - Sr. Attys. $75.00 Law Clerks
ReimbLtrsable services include; Planning & Building, water and
sewer, &irport, refuse collection, code enforcement, CATV,
litigation, employee relations, police & fire, RDA and
environmental law matters.
IN HOUSE
ATTORNEY:
DEPT BUDGET:
1993/94
1994/95
NO. OF STAFF
AND TITLES
CITY ATT SALARY
OEP ATT SALARY
LEGAL EXPENSES
1993/94:
GEN FUND
W/COMP '
LIABILITY~CLAiM S
RDA
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
COMMENTS:
~ Russ Watson - RDA Dir.
GEN FUND OP
BUDGET 94-95 $29,846,061
RDA Yes
SPECIAL DiSTRiCT Lightlng/Landscape/Drainage/4 M.Roos/5 (five) Asses.
ENTERPRtSE
FUNDS(LiST)
if 993/94
~ $55,827,000
CONTRACT
SERVICES:
LEGAL EXPENSES
1993/94:
GEN FUND $927,000 (includes condemnation costs) difficult to break down.
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95:
GEN FUND $900,000
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
HOURLY RATES $150 Att),., $80 Jr. Att),.
RETAINER $4,000/mo.
OTHER COMP
COMMENTS: Specia~ arrangements - I day a week they try to have counsel
site all day (usually Monday. Council days).
IN HOUSE
ATTORNEY:
DEPT BUDGET:
1993/94
1994/95
NO. OF STAFF
AND TITLES
CITY ATT SALARY
DEP ATT SALARY
LEGAL EXPENSES
1993/94:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
COMMENTS:
1994 CiTY ATTORNEY SURVEY
POPULATION 59,751
GEN FUND
OP BUDGET $23,222,426
RDA yes
--SPECIAL DISTRICT Street Li9htin9 and Assessment Dist.
ENTERPRISE
FUNDS(LIST) Water
1993/94
PERMIT VALUES 141 Mi[lion
CONTRACT
SERVICES: Rourke, Woodruff &nd Spradlin (RW&S)
~---LE G A L EXPENSES
1993/94: (actual 6/30/94)
GEN FUND $228,828
W/COMP RW&S $389, $41,994 other
LIABILITY CLAIMS iRW&S $115,391, $15,551 other
RDA $33,136
ENTERPRISE $14,636
OTHER
~L EXPENSES
BUDGET 1994/95
GEN FUND $190,300
W/COMP RW&S $0, $30,000 other
LIABILITY CLAIMS RW&S $I 10,000, $25,000 other
RDA $35,000
ENTERPRISE $12,000
OTHER $0
HOURLY RATES See Comments
RETAINER $4,000/month
OTHER COMP none
COMMENTS; $ 120- pa~ner
110 - Associate Attorney
;4000 - Retainer
IN HOUSE
ATTORNEY:
DEPT BUDGET:
1993/94
1994/95
NO. OF STAFF
AND TITLES
CITY ATT SALARY
DEP ATT SALARY
LEGAL EXPENSES
1993/94:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
LEGAL EXPENSES
BUDGET 1994/95:
GEN FUND
W/COMP
LIABILITY CLAIMS
RDA
ENTERPRISE
OTHER
COMMENTS:
EXHIBIT 3
AGENDA___
NO. 19
11-7-94
IATE:
NOVEMBER 7, 1994
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
LEGAL SERVICES STUDY
This item will be delivered under separate cover to the City
Council on or before Thursday, November 3, 1994.
Valerie Crabill
Chief Deputy City Clerk
2:MEMOSPCV