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sr-013080-11eCA RLK:SSS:dd Council Meetin! )1-3C-8U Santa Monica California ~ I r ~H ~ ~ 0~~~ STAFF- REPORT T0: Mayor and City Council FROM: City Attorney SUBJECT: Deputy City Attorney I and Legal Secretary positions for matters related to Rent Control. INTRODUCTION This report requests approval of Deputy City Attorney I and Legal Secretary positions to handle matters related to Rent Control, primarily pending litigation. This report also requests approval of a maximum of $5,000.00 for the temporary remodeling of Room 201B to serve as a facility for the Rent Control legal staff. ANALYSIS There are five lawsuits challenging the constitutione.lity of the Rent Control Law and eight Writs of Mandate contestinq various decisions of the Rent Control- Board currently pending in the Superior Court.. New Writs of b4andate are being filed against the City and the Board at an average rate of one per week. The Rent Control Board ar;d Administration also require legal advice on a daily basis concerning a wide variety of matters and a large case load. Investigations by the Rent Control staff and complaints from citizens have revealed a considerable number of violations of the Charter Amendment, as well as violations of other City and State laws relating to housing. Thus, there is a substantial demand for prosecution services as well ~I G SAN 3 ~ 19~~ as for the defense of civil suits and for legal advice.: Legal services to the Rent Control Board are currently provided by a part-time Deputy III and two full time Deputy I's, working almost exclusively on rent control matters. There is no permanent legal secretary to handle the large volume of work. As a result, the Advisory Services Division of the City Att.orney's office, including its sole legal secretary and Assistant City Attorney, are compelled to spend about 25 - 30 percent of their time on rent control related matters. The Rent Control Board and the City Attorney concur that Evelyn Keller, an attorney with about two years experience, be hired as a Deputy Attorney I, with salary and benefits subject to current negotiations. The Board has approved the hiring of Christina forehead, who has about eight years experience as a legal secretary, to fill the legal secretary position at the rate of $1200.00 per mc:nth. The Engineering Department has prepared an estimate of the cost involved in remodeling of Room 201B so that it will accomodate the legal staff. At present, the legal staff is working in extreMely cramped and noisy quarters within the Reht Control Office. The breakdown of these costs is as Follows: Carpeting . .$1,060.00 Electrical Work 400.00 Partitions . 3,000.00 TOTAL 54,460.00 _2_ All of the work except the carpeting can be done by the City's Public Facilities Maintenance Department. The partitions are free-standing and can be rF:moved. ALTERNATIVES 1. The Council may approve this request, or any part thereof. This would. involve the authorization of Deputy City Attorney I and Legal Secretary positions for the remaining portion of the 1979-80 Fiscal Year, and approval of the remodeling of Room 201B, to be paid from Rent Control funds. 2. The Cour.~cil may reject the request. This will probably require the Board to employ outside legal counsel as it has done for several cases now pending. RECOMMENDATION It is respectfully recommended that the Council authorize tY~e expenditure of sufficient funds for a Deputy City Attorney I and Legal Secretary position within the City Attorney's office to handle rent control matters, conditioned upon repayment from rent control funds, and additionally approve the remodeling of Room 201B to accomodate the Rent Control legal staff. Prepared By: Richard L. Knickerbocker Stephen S, Stark Mary Ann Yurkonis -3-