Report Prepared by: Phaedra Norton, City Attorney
Title
SUBJECT: Approval of Supplemental Appropriation in the Amount of $50,000 and Approval of a Fee Agreement with Rutan & Tucker, LLP. to Provide Legal Services in the Matter Merced Citizens for Responsible Planning et. al. v. City of Merced, et al. in the Not to Exceed Amount of $50,000
REPORT IN BRIEF
Recommends approving a fee agreement with Rutan & Tucker, LLP. for an amount not to exceed$50,000 to provide legal services on behalf of the City in the case of Merced Citizens for Responsible Planning et. al. v. City of Merced, et al., and approving a supplemental appropriation of $50,000 from the unreserved, unencumbered fund balance of Fund 557- Water System Enterprise to cover the cost of the legal services.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the fee agreement with Rutan & Tucker, LLP; and,
B. Approving a supplemental appropriation of $50,000 from the unreserved, unencumbered fund balance of Fund 557- Water System Enterprise to a professional service account 557-1106-532-17-00; and,
C. Authorizing the City Manager or Assistant City Manager to execute the agreement.
Body
ALTERNATIVES
1. Approve, as recommended by staff, or,
2. Approve, subject to other than recommended by; or,
3. Deny; or,
4. Refer to staff for reconsideration of specific terms; or,
5. Continue to a future meeting (date and time to be specified in the motion.)
AUTHORITY
Merced City Charter, section 200.
CITY COUNCIL PRIORITIES
N/A.
DISCUSSION
On August 20, 2018, the City was served with an Amended Petition for Writ of Administrative Mandate or Traditional Mandate in the matter entitled Merced Citizens for Responsible Planning et. al., v. City of Merced et. al. This matter concerns the City’s approval of its 2015 Urban Water Management Plan.
The City Attorney’s Office is requesting approval to hire Katherine Jenson, who is a partner with the law firm Rutan & Tucker, LLP., to represent the City in this matter. Ms. Jenson has represented the City on prior occasions- most notably in the case, Merced Alliance For Responsible Growth et al., v, City of Merced, Wal-Mart Stores East, L.P. et al. In that case, Ms. Jenson successfully represented the City in Superior Court proceedings and before the Court of Appeal in a matter challenging the City’s approval of a proposal to build a regional distribution center.
Based on the foregoing, it is recommended that the City Council approve the attached fee agreement with Rutan & Tucker, LLP., for an amount not to exceed $50,000. The approved amount is an estimate based upon the information known to date. If additional funding is necessary, a contract amendment and a request for an additional appropriate will be brought forward at the appropriate time.
IMPACT ON CITY RESOURCES
A supplemental appropriation of $50,000 is needed from the unreserved, unencumbered fund balance of Fund 557 - Water System Enterprise to professional service account 557-1106-532-17-00 to cover the cost of the agreement.
ATTACHMENTS
1. Fee Agreement with Rutan & Tucker, LLP.