Upland officials proposing new legal billing guidelines ...

UPLAND - The city's Legal Sub-Committee will be meeting with city attorneys to review billing guidelines to mitigate continuously increasing legal fees.

The City Council discussed the city's legal costs last week during a closed session meeting and decided to have the subcommittee meet with City Attorney William Curley and law firm, Richards Watson & Gershon.

"I wanted to assure that we are working closely as a council to scrutinize and make sure that taxpayer money is being used in a very efficient and responsible manner," Councilman Brendan Brandt said.

Brandt is a member of the subcommittee.

The city has paid its law firm, Los Angeles-based Richards Watson & Gershon, about $7.9 million since June 2003.

The Legal Sub-Committee has been working with City Manager Stephen Dunn on revised billing guidelines, said Councilman Gino Filippi, who is a member of the subcommittee.

"This is a priority," Filippi said.

The guidelines, if approved by the City Council, will require the city attorney:

To complete a case analysis, strategy and budget consisting of hours and costs before any work proceeds.

To limit the hourly amount billed without prior approval of the City Council, such as if legal work is done for an hourly rate higher than the rate identified.

To provide a written report to the City Council every 90 days on the status of the case including additional estimated costs.

To seek city manager approval if legal work under the retainer exceeds 10 percent of the normal retainer costs.

To restrict the number of attorneys working on a case.

Curley said in an email that the firm has continually strived to reduce the costs to the city whenever possible.

"We are always respectful of the economic circumstances facing public agencies in today's very difficult economic environment," he said.

"We will work closely with the City Council and give serious and careful consideration to their proposals and we know they will responsibly balance all of the interests involved."

Filippi said nothing will be off the table when they meet with the city's attorneys.

"In my opinion, there has been a serious lack of oversight over the past few years, and, as I've stated before, with the loss of (redevelopment) income, the city's spending rate exceeding income, upcoming labor contract renewals, and the legal expenses - does anyone wonder in the back of their mind the risk of Upland going into serious debt or bankruptcy?" Filippi said. "I do."

San Bernardino County Flood Control's lawsuit against the city, San Bernardino Associated Governments and Caltrans has been the biggest financial burden on the city's general fund. The city has paid more than $4.8 million in legal fees fighting the suit.

"We are being faced with a very serious lawsuit in which the demand is over $160 million. We are being outspent seven to one in legal fees in order to defend ourselves," Brandt said.

"Is that a lot of money? Absolutely in terms of us, but also to put it in perspective, the county and SanBAG has spent, according to media reports, at the same time $30 million."

The Flood Control District is suing the city, SanBAG and Caltrans seeking partial reimbursement for a $102 million settlement the county made in 2006 with Rancho Cucamonga developers Colonies Partners LP.

The settlement ended litigation over who was responsible for paying for flood-control improvements at the developer's 434-acre residential and commercial development in Upland.

Reach Sandra via email, call her at 909-483-8555, or find her on Twitter @UplandNow .

Source: http://www.dailybulletin.com/news/ci_20100536?source=rss

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