HomeMy WebLinkAboutCC 02-24-2026 Item No. 1 Amendment to extend the term for the City Attorney Agreement_Written CommunicationsCC 2-24-2026
#1
Approval of first
amendment to extend
through April 30, 2026, of
the Interim City Attorney
Agreement
Written Communications
From:Jean Bedord
To:City Council; City Attorney"s Office; Cupertino City Manager"s Office; City Clerk
Subject:Item No. 1: Agreement Extension for Interim City Attorney, Floy Andrews, Legal Services
Date:Monday, February 23, 2026 10:07:15 PM
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Mayor Moore, Vice-Mayor Chao, Councilmembers Fruen, Mohan and Wang,
While I support this two month extension to the current agreement to avoid a break in legal
services, I urge council to look closely at the services provided by the contract attorney for
last year. At a time when the city is facing a budget crunch, it can no longer afford an open
checkbook. I am dismayed by the legal bills for Floy Andrews of Aleshire & Wynder. Why
doesn't the mayor/council set a not to exceed budget for contract legal services? Here's
what's been billed to the city according to the payment register:
*$ 22,858.50 February services paid in March - partial month after Chris Jensen left
*$ 74,775.60 March services paid in April
*$150,495.50 April services paid in July
*$113,650.20 May services paid in July
*$134,907.65 June services paid September
*$124,359.45 July services paid October
*$ 99,757.73 August services paid October - No council meetings
*$115,854.90 September paid in December
*???? October services
*???? November services
*???? December services
*???? January 2026 services
*$836,659.53 of known expenses for legal services for slightly over 7 months
of legal work. This does not include the $20,000 for the private investigator hired to
investigate the former city manager (insufficient evidence). At this rate, the
contract city attorney's firm will bill well over $1 million to the city of Cupertino
for legal services. The city also engages other law firms for their specialized expertise,
and has a senior associate city attorney on staff so the total for legal services is even
higher. The entire city attorney budget for FY 2025-2026 is :$1,524,970 which
includes the senior assistant attorney, a management analyst, other contract
services, benefits and office expenses. The actuals for FY 2024-25 were
$1,756,201 which exceeds the FY 2024-25 budget of $1,484,229 by $271,972,
with the overage in contract services.
The mayor is responsible for signing off on these legal bills, yet there does not appear to be
any accountability for excessive billing. Here are some of the contributors to these excessive
billings:
*Overly long council meetings
*Numerous closed sessions, even if the item is an just an update
*Special meetings, such as the Measure A endorsement letter
* Questionable legal advice, i.e. the jurisdictional authority over DeAnza College and their
purchase of the McClellan Terrace Apartments, Builder's Remedy projects, and most recently
demands to the Cities Association
* Excessive redaction of PRAs (Public Record Action) - See PRA request 25-194. A recent
ruling against the city of Gilroy may apply to these redactions as well as a ruling against the
city of San Jose for withholding public records.
I urge Mayor Moore and other members of council to more closely examine the cost
of legal services by Aleshire & Wynder. Why aren't council members provided with the
Monthly Billing Summary on a more timely basis than Accounts Payable, which has only a
generic category for the legal work?
Resident concerned about fiscal responsibility,
Jean Bedord