Dear City Council,
The April 19, 2019 Staff Report: Approval of bonus for City Attorney William L. McClure includes an attachment with the original and all amended contracts.The fifth amendment (July 1, 2011) started the practice of McClure and/or his firm collecting development fees (other than single-family homes).
Timing is interesting. On June 1, 2011 -- Bill AB 26 was passed. This bill effectively laid the groundwork to end the State's redevelopment agencies. They formally ended in 2012. The record shows that the pending shut-down was of major concern to the Staff organization because the lucrative revenue stream paid for 11 staff positions, which might need to be cut. I've studied the City's redevelopment-related staff reports and documents. My general impression is that most of the redevelopment agency "revenue" was used to pay staff salaries and benefits. This time-period started the welcome mat to Facebook. More zoning changes came shortly after via the ConnectMenlo (CM) exercise. CM set off a development "gold rush" in District 1.
Clearly, a major increase in development projects was anticipated.
I would like comparative data from the former City Attorney's firm regarding fees, from 2011 until Council ended the arrangement and selected a new firm. I can put together what the City paid McClure's firm (for his work on City business) from past budget documents. There should be comparative data for both firms regarding what they received from developers fees. .
The current City Attorney's Conflict of Interest policy may also need reviewing. (I do not have a copy.) The McClure contract refers to "City interests" in a too-vague way. I would like to see a more precise definition that included the general public good and residents. It should also include the idea of strict adherence to following California laws and no "conflict" with them. The term needs defining as it is subject to interpretation. One could read it and see it covering situations where the staff might want to do something, such as ConnectMenlo, that conflicts with the interests of residents and also California laws. There aren't enough safeguards in Menlo Park to protect the interests of residents and also small business owners. We also need a whistle blower mechanism for the Staff organization.
Lynne Bramlett