REPORT TO COUNCIL
SUBJECT
Title
Approve the Second Amendment to Outside Counsel Agreement with Allen, Glaessner, Hazelwood & Werth, LLP for Litigation Services in the matter of Neel Mehta v. City of Sunnyvale
Report
BACKGROUND & DISCUSSION
Neel Mehta v. City of Sunnyvale, Case No. 5:23-cv-03193, currently pending in the U.S. District Court, Northern District, involves Plaintiff Neel Mehta, who is alleging various state and federal civil rights violations revolving around his arrest by DPS officers after a caller alleged domestic violence. Mr. Mehta alleges violations of the Americans with Disabilities Act (ADA); Deveraux liability (for fabrication of evidence) against two officers; malicious prosecution against two officers; First Amendment retaliation against one officer; unlawful arrest; and related state-law claims.
Kevin Allen, a trial attorney who specializes in police liability and civil rights law and a partner in the firm of Allen, Glaessner, Hazelwood & Werth, was retained by the City Attorney under Section 908 of the City Charter to represent the City and provide legal services and representation in this case. The Agreement was entered into on August 21, 2023, and amended in November 2024 to reflect modest updates in Mr. Allen’s hourly legal fees. The not-to-exceed amount in the Agreement was $175,000.
Approval is requested for a Second Amendment to the Outside Counsel Agreement to allow for an additional $180,000 in potential legal expenses, including costs associated with further mediation and trial preparation, for a new not-to-exceed amount of $355,000.
ENVIRONMENTAL REVIEW
The action being consider does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 (b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
Funds are available for outside legal counsel in the General Fund under Program 10100 - Comprehensive Legal Services and within the Legal Contingency allocation in Fund 7080 - Liability and Property Insurance Internal Service Fund, which is funded through transfers from other funds in the form of internal service charges.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Authorize the City Attorney to execute a Second Amendment to the Legal Services Agreement, in substantially the same form as Attachment 1 to the report, with the law firm of Allen, Glaessner, Hazelwood & Werth, LLP to increase the contract amount by $180,000, for a total new not-to-exceed contract amount of $355,000.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
_X_ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Anais Martinez Aquino, Senior Assistant City Attorney
Reviewed by: Matthew Paulin, Director of Finance
Reviewed by: Rebecca L. Moon, City Attorney
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. (Draft) Second Amendment to Legal Services Agreement