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April 15, 2025
ITEM TITLE
Agreements: Approve Amendments to Legal Services Agreements with Best Best & Krieger to Provide On - Call and Public Records Act Related Services
Report Number: 25-0104
Location: No specific geographic location
Department: City Attorney
G.C. § 84308 Regulations Apply: Yes
Environmental Notice : The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Adopt a resolution approving amendments to two legal services agreements with Best Best & Krieger LLP for on call legal and California Public Records Act related legal services to increase the not-to-exceed amount of both and to extend the on call legal services agreement to February 21, 2026.
SUMMARY
The City Attorney’s Office provides legal review, advice, consultation, and representation on a wide variety of legal issues and litigation related to City operations and staff. The advisory and transactional section of the City Attorney’s Office is currently significantly understaffed and anticipates that it wil l remain so until additional attorneys can be hired. The amendments to these agreements will allow the City to continue to use the law firm of Best Best & Krieger LLP for on-call and California Public Records Act related legal services.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The City Attorney’s Office provides a wide variety of legal services to the City, including legal review, advice, consultation, and representation on diverse matters impacting the City, including its officials, management, and departments. The advisory and transactional section of the City Attorney’s Office has been significantly understaffed for the past two years due to the City Attorney vacancy, retirements, and attrition. The office is anticipated to remain understaffed until all attorney positions are filled.
In the interim, the City Attorney’s Office has utilized private law firms to assist in managing the City’s legal needs. The City presently has legal services agreements with Best Best & Krieger LLP for general on-call and California Public Records Act related legal service s. Th e firm has provided responsive, high quality legal assistance on a variety of matters pursuant to these agreements, including public contracting, general contract review, and California Public Records Act responses, among other civil advisory matters.
Given the large volume of legal work and the temporarily reduced level of staffing in the City Attorney’s Office, the capacity in the existing two agreements have been expended. The proposed third amendment to the legal services agreement for on-call legal services with Best Best & Krieger will increase the not-to-exceed amount on the contract from $ 400,000 to $ 550,000 and extend the contract to February 21, 2026 . The proposed fourth amendment to the legal services agreement for California Public Records Act related legal services will increase the not-to-exceed amount on the contract from $300,000 to $ 450,000. The costs of these contract amendments were included within the current year budget, so no additional appropriation is necessary.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
It is anticipated that the increases to these contracts will be offset with other budgetary savings in the City Attorney Department’s fiscal year 2024-25 budget.
ONGOING FISCAL IMPACT
The increases to these contracts will be considered as part of the annual budget development process in future years.
ATTACHMENTS
1. Third Amendment to LSA with Best Best & Krieger LLP for On Call Legal Services P a g e | 3
2. Fourth Amendment to LSA with Best Best & Krieger LLP for California Public Records Act Related Legal Services
Staff Contact: Megan McClurg, Assistant City Attorney