TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
George Gabriel, Assistant to the City Manager
SUBJECT:Title
Consideration of a Resolution Approving an Amendment to the Existing Legal Services Agreement with Richards, Watson & Gershon to Add Prosecution Services (City Manager Moe).
(Estimated Time: 30 Mins.)
ADOPT RESOLUTION NO. 23-0150
Body
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RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 23-0150 approving Amendment No. 5 to the certain agreement with Richards, Watson & Gershon (RWG) adding prosecution services to the current scope of services.
FISCAL IMPLICATIONS:
The cost of the proposed prosecutorial services is $234/hour on an as-needed basis. As such, the estimated fiscal implications are unknown at this time until staff is able to monitor expenditures depending on the legal services provided. Staff will closely monitor the billing and legal services provided and return to City Council during the mid-year budget report to request an appropriation if warranted.
BACKGROUND:
At the June 20, 2023, City Council meeting, Mayor Montgomery and Mayor Pro Tem Franklin requested a report summarizing the City’s efforts on State Misdemeanor Prosecution and Homeless Court Services. Following discussion, City Council requested that staff explore reinforcing the City’s prosecution services.
At the September 5, 2023, meeting, City Council considered prosecutorial services proposals and directed staff to engage with the City’s existing primary legal counsel, Richards, Watson and Gershon, and add more robust prosecution services and explore amending the City’s public nuisance regulations (the latter of which will return to City Council before the end of the calendar year).
DISCUSSION:
From time to time, the City has delegated criminal prosecution, and other legal services, to special counsel. Historically, the City relied on such counsel to handle all Municipal Code violations. After the Council amended the Municipal Code in 2016 to add Chapter 1.06 (Administrative Citations), Municipal Code violations and others violations historically handled through criminal prosecution have been primarily handled via an administrative citation process. Most violators will pay the administrative fine, and discontinue the behavior, without any attorney involvement or City incurring legal fees. Accordingly, the most cost effective and efficient way to obtain code compliance and deter repeat offenses is through the administrative citation process. However, there may be situations where violations should be treated as a misdemeanor or infraction. In some cases, citing offenders with an administrative citation may not obtain code compliance or deter repeat offenses.
The following crimes can be prosecuted as a misdemeanor:
• Trespassing
• Graffiti
• Illegal Shopping Cart
• Public Urination
• Public Nuisance
• Smoking in Public
In addition, the following crimes can be prosecuted as an infraction:
• Drinking in public
• Unlicensed dogs
• Unvaccinated dogs
• Unleashed dogs
• Dogs on the beach
Note, the Municipal Code allows the City to issue administrative citations for all the above violations in lieu of treating them as misdemeanors or infractions. Accordingly, the City Council has directed staff to explore engaging the services of a firm experienced in prosecution. The agreement would authorize RWG to prosecute criminal violations and perform such services as are requested by the Police Chief, City Manager, or their designees.
As previously noted, reinforcing prosecution services will not provide authority to the City Prosecutor to prosecute state law misdemeanors (i.e. public intoxication, disturbing the peace, drug and paraphernalia possession and more) without the consent of the Los Angeles District Attorney. The City’s request for consent was denied. Likewise, this agreement will not impact the zero bail issue. However, the Manhattan Beach City Council has authorized the City to join with 28 other LA County cities to file a lawsuit on October 25, 2023, enjoining the zero bail mandate.
CONCLUSION:
Staff recommends that the City Council adopt Resolution No. 23-0150 approving Amendment No. 5 to the certain agreement adding prosecution services to the current scope of services.
ATTACHMENTS:
1. Resolution No. 23-0150
2. Amendment No. 5 - Richards, Watson & Gershon
3. Agreement and Amendment Nos. 1-4 - Richards, Watson & Gershon