Wednesday, April 30, 2025

No new spending was approved at this April 30 special meeting; the sole action item was a resolution to rescind Resolution 26,231, which the council had passed one week earlier on April 22 designating law firm Lashare & Winder as special counsel at $325/hour for general services and $375/hour for litigation — the same firm that already held a retainer contract signed in October 2024. The meeting was dominated by competing legal opinions on whether the April 22 action constituted a Brown Act violation: Lashare & Winder attorney Sonny Sutani argued no violation occurred, while Deputy City Attorney Merle Green argued there were multiple violations that day, including an improperly noticed subsequent-need item and an unagendized presentation by Sutani. The original motion to rescind, moved by Council Member Duhart and seconded by Council Member Bowers, was withdrawn; a substitute motion to modify rather than rescind Resolution 26,231 without admitting a Brown Act violation passed 5-0 (Duhart yes, Spicer yes, Bowers yes, Darton yes, Sharif yes), with a closed session and subsequent public vote scheduled for May 6. Seven members of the public spoke during public comment, the majority raising concerns about the Brown Act dispute, the appointment process, and spending on legal representation. A pattern flagged during discussion: the city carries approximately five to six active outside counsel contracts, and Sutani stated at least two of those contracts bill at $450/hour, above the council's own $440/hour resolution cap — a claim Green disputed.