PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
Meeting Date: July 1, 2025
TITLE:
Agreement with Jones Mayer for Interim City Attorney Services and Other Legal Services
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to execute a Legal Services Agreement with Richard D. Jones, a Professional Law Corporation, DBA Jones Mayer, for Interim City Attorney Services and Other Legal Services through December 31, 2025.
DISCUSSION:
On May 15, 2025, the City received notice that the City’s Legal Services Agreement with Richards, Watson & Gershon (RWG) would terminate on June 30, 2025. Services provided by RWG have included contract City Attorney and Assistant City Attorney services. Staff published a request for proposals (RFP) for Interim City Attorney Services on May 27, 2025. Six responsive proposals were received, and on June 16, 2025, the City Council interviewed the top-ranked firms, ultimately selecting the firm of Jones Mayer.
On June 17, 2025, an agreement was executed within the City Manager’s purchasing authority for the two-week period of June 17, 2025, through June 30, 2025. In accordance with the anticipated scope of services presented in the RFP, staff now recommends that the City Council authorize a six-month agreement with Jones Mayer, in order to continue Interim City Attorney services and other legal services through December 31, 2025. Near the conclusion of that six-month period, the Council will be asked to provide direction to staff on whether to proceed with a longer-term agreement with the firm for permanent City Attorney services.
Alternatives
The Council may direct staff to take other action with respect to an agreement for Interim City Attorney Services, however due to the essential nature of the duties performed by the City Attorney, staff does not recommend allowing a vacancy in the position to be created.
Conclusion and Recommendation
Staff recommends that the City Council adopt a resolution (Attachment 1) authorizing the City Manager to sign a Legal Services Agreement with Richard D. Jones, a Professional Law Corporation, DBA Jones Mayer, for Interim City Attorney Services and other legal services for a term ending December 31, 2025. The Legal Services Agreement with Jones Mayer is provided as Attachment 2.
FISCAL IMPACT:
The fiscal impact of approving the attached resolution is an estimated to result in legal services cost of $200,000 for the first six months of Fiscal Year (FY) 2026. This estimate Council Agenda 7-1-2025 12.A-1
is based on the prior firm’s average monthly cost of $31,847 at an hourly rate of $215 in FY 2025. The proposed agreement with Jones Mayer includes an hourly rate of $225 per hour, representing a 4.65% increase. Assuming a similar number of hours worked, total costs are projected to be approximately $200,000 for six months.
The City’s FY 2026 General Fund Legal budget has sufficient budget to support this cost and will be charged based on actual services provided. It is anticipated that the initial two months of services will require additional costs while the new firm becomes familiar with various legal matters related to the City.
Staff will monitor the cost and provide updates to the City Council on the legal services costs and whether any adjustments beyond the budgeted amount for FY 2026 are necessary.
ATTACHMENTS:
1. Resolution
2. Legal Services Agreement
Submitted by: Jorge Garcia, City Manager
City Manager Approval:
Council Agenda 7-1-2025 12.A-2
RESOLUTION NO. R-2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE A LEGAL SERVICES AGREEMENT WITH RICHARD D. JONES, A PROFESSIONAL LAW
CORPORATION, DBA JONES MAYER, FOR INTERIM CITY ATTORNEY SERVICES AND OTHER LEGAL SERVICES THROUGH DECEMBER 31, 2025
WHEREAS, on May 15, 2025, the City received notice that the City’s Legal Services Agreement with Richards, Watson & Gershon (RWG) would terminate on June 30, 2025; and
WHEREAS, services provided by RWG have included contract City Attorney and Assistant City Attorney services, and as such staff published a request for proposals (RFP) for Interim City Attorney Services on May 27, 2025; and WHEREAS, on June 16, 2025, the City Council interviewed the top-ranked firms, ultimately selecting the firm of Jones Mayer; and
WHEREAS, on June 17, 2025, an agreement was executed within the City Manager’s purchasing authority for the two-week period of June 17, 2025 through June 30, 2025; and
WHEREAS, in accordance with the anticipated scope of services presented in the RFP, staff now recommends that the City Council authorize a six-month agreement with Jones Mayer, in order to continue services through December 31, 2025; and WHEREAS, near the conclusion of that six-month period, the Council will be asked to provide direction to staff on whether to proceed with a longer-term agreement with the firm for permanent City Attorney services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to execute a Legal Services Agreement with Richard D.Jones, a Professional Law Corporation, dba Jones Mayer, for Interim City Attorney services and other legal services for a term ending December 31, 2025, in substantially the form attached to staff’s report dated July 1, 2025.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to take such other action as is necessary to transition Interim City Attorney legal services from Richards, Watson & Gershon to Jones Mayer.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 1st day of July 2025, by the following vote:
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Attachment 1
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Pismo Beach on _______________________.
________________________
Erica Inderlied, City Clerk
Council Agenda 7-1-2025 12.A-4
Attachment 1
QM]
JONES MAYER ---LAW--- www.jones-mayer.com LEGAL SERVICES AGREEMENT for CITY OF PISMO BEACH 1.IDENTIFICATION OF PARTIES. This Agreement is made between JONESMA YER, hereafter referred to as "Law Firm," and the CITY OF PISMO BEACH, hereafter referred to as "Client." This Agreement is required by Business and Professions Code section 6148 and is intended to fulfill the requirements of that section. 2.LEGAL SERVICES TO BE PROVIDED. The legal services to be provided byLaw Firm to Client are as follows: to serve as the designated Interim City Attorney for the Client, and to provide the corresponding Legal Services as needed. See Attachment A for further details on the Scope of Work to be provided. Said legal services and representation are hereby assigned to Law Firm. 3.RESPONSIBILITIES OF ATTORNEY AND CLIENT. Law Firm will performthe legal services called for under this Agreement, keep Client informed of progress and developments, and respond promptly to Client's inquiries and communications. Client will be truthful and cooperative with Law Firm and keep Law Firm reasonably informed of developments; as well as make timely payments required under this Agreement. 4.ATTORNEY'S FEES. Client will pay Law Firm for attorney's fees for the legalservices provided under this Agreement as described in Attachment B Law Firm will charge in minimum units of one tenth of an hour. Law Firm will provide General Legal Services to the City for blended attorney rate of $225.00 per hour. All Special/Extraordinary Legal Services requested by the client and all Litigation will be billed at a rate of $275.00 per hour. Northern California 6349 Auburn Blvd.
Citrus Heights, CA 95621
(916)771-0635
Southern California
3777 N. Harbor Blvd.
Fullerton, CA 92835
(714) 446-1400
Council Agenda 7-1-2025 12.A-5
Attachment 2
All paralegal work will be done at the rate of $165.00 per hour.
Law Firm will charge for all activities undertaken in providing legal services to Client under this Agreement, including, but not limited to, the following: Travel, meetings, court appearances, correspondence and legal documents (review and preparation), legal research and telephone consultations.
Client acknowledges that Law Firm has made no promise about the total amount of attorney's fees to be incurred by Client under this Agreement.
5. RATE GUARANTEE. We will freeze our rates for a period of one year.
Thereafter, rates will automatically increase each year thereafter based upon the Consumer Price Index increase for the prior year, utilizing the month the retainer was approved, and the standard as established by the Bureau of Labor Statistics of the U.S. Department of Labor for consumers in the Los Angeles -Long Beach -Anaheim area, or another mutually agreed upon index.
6. COSTS. Client will pay all "costs" in connection with Law Firm's representation under this Agreement. Costs will be advanced by Law Firm and then billed to Client. We do not bill fax, word processing, or small reproduction matters (under 100 pages).
Law Firm will charge the client for actual necessary costs incurred for all of the following, including but not limited to: court filing fees, attorney services (includes service of process fees, e-filing fees, arbitrators, and mediators), messenger services, Lexis-Nexis/Westlaw research, overnight/express mail service, mileage (charged at the current IRS rate), parking fees, travel expenses, including hotel, air travel and car rentals, but excluding routine travel expenses to the City, actual costs for large reproduction projects if performed by an outside service, or $0.10 per page (b/w) and $0.20 per page (color) if performed in house, and any other expense not listed above which becomes necessary to the successful resolution of a client matter.
7. REPRESENTATION OF ADVERSE INTERESTS. Client is informed that the Rules of Professional Conduct of the State Bar of California require the Client's informed written consent before an attorney may begin or continue to represent the Client when the attorney has had a relationship with another party interested in the subject matter of the attorney's proposed representation of the Client. Client and Law Firm are not aware of any potential conflicts and have discussed them in detail. Law Firm will consult with Client in accordance with the requirements of the Rules of Professional Conduct as to any new Council Agenda 7-1-2025 12.A-6
Attachment 2
matters assigned to Law Firm after the entering of this Agreement regarding any potential conflicts of interest relating to such new matters.
8. DISCHARGE OF ATTORNEY. Client may discharge Law Firm, pursuant to state law, by written notice effective when received by Law Firm. Notwithstanding the discharge, Client will be obligated to pay Law Firm for all work performed to date, within thirty (30) days of its receipt of the final statement as set forth under the terms of this Agreement. Law Firm may terminate this agreement for any reason, provided Law Firm provides Client with sixty (60) days written notice. Client will be obligated to pay for all work performed through the end of the termination period.
9. STATEMENTS AND PAYMENTS. Law Firm will send Client monthly statements by the 15th of month for work completed the prior month, indicating attorney fees and costs incurred and their basis, any amount applied for deposits, and any current balance owed. If no attorney fees or costs are incurred for a particular month, or if they are minimal, the statement may be held and combined with that for the following month. Any balance will be paid in full within thirty (30) days after the statement is mailed and within thirty (30) days after final statement is submitted due to discharge of Law Firm.
10. INSURANCE. Law Firm will at all times maintain the following insurance coverage:
Professional Liability/Errors & Omissions 2,000,000/$4,000,000 General Liability 2,000,000/$4,000,000
Auto Liability 1,000,000 (including hired and non -hired) Workers Compensation State Mandated Limits or higher
Prior to starting work under this agreement, Law Firm will provide certificates of coverage for the above policies.
11. ENTIRE AGREEMENT. This Agreement contains the entire Agreement of the parties. No other Agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.
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Attachment 2
12. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
13. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent Agreement of the parties only by an instrument in writing signed by both of them or an oral Agreement to the extent that the parties carry it out.
14. DISPUTE RESOLUTION. If any dispute or disagreement arises between Law Firm and Client as to any matter relating to the Agreement, including but not limited to the scope of services, the performance of the respective responsibilities of the Client and Law Firm, the quality of the services rendered, and the billing of such services, the Client and Law Firm agree to confer and attempt to resolve the matter informally. If the parties cannot agree, they agree that they will refer the dispute for resolution to mediation to the fullest extent permitted by law. The parties are aware that mediation is a voluntary process and pledge to cooperate fully and fairly with the mediator in an attempt to reach a mutually satisfactory compromise of any dispute or disagreement. The mediator shall be chosen by mutual agreement of the parties, and mediation shall commence within thirty (30) days of either party's written request to the other for mediation. Any agreement reached by the mediation shall be reduced to writing, be signed by both parties, and be binding on them.
This provision for mediation is an effort to protect, preserve, and respect the requisites of a productive attorney -client relationship, but shall be without prejudice to either party pursuing its other lawful remedies.
15. FILE RETENTION AND DESTRUCTION. At the conclusion of this matter, we will retain your legal files for a period of 10 years after we close our file. At the expiration of the 10-year period, we will destroy these files unless you notify us in writing that you wish to take possession of them. We reserve the right to charge administrative fees and costs associated with researching, retrieving, copying and delivering such files.
16. ARTIFICIAL INTELLIGENCE. Law Firm may use artificial intelligence tools in our representation of Client. If we do so, we will ensure your confidential information is maintained in confidence and that any writing or analysis produced by generative artificial intelligence is edited or confirmed by an attorney before use. If you have any questions or concerns about our use of artificial intelligence tools, please let us know.
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Attachment 2
17. EXECUTION. This Agreement may be executed in counterparts and by fax or electronic signature. In executing this Agreement, the Client warrants (i) by executing this Agreement, the Client is formally bound to the provisions of this Agreement and (ii) the entering into this Agreement does not violate any provision of any other agreement to which the Client is bound.
18. EFFECTIVE DATE. The effective date of this Agreement will be July 1, 2025, and when it is executed by the last of the parties to do so. The term of this agreement is for 6 months, ending December 31, 2025, unless superseded sooner by a permanent legal services agreement.
The foregoing is agreed to by:
Dated: . 2025 By:
Title
Dated: . 2025 JONES MAYER
Ryan R. Jones, Owner
Council Agenda 7-1-2025 12.A-9
Attachment 2
Attachment A: Scope of Services
General Legal Services
1. Attend all workshops, closed, regular and special City Council meetings, all meetings of the Planning Commission, and attend other meetings when there is a request to do so. This may be accomplished with multiple attorneys.
2.Provide general legal services, routine legal assistance, advice and consultation to the City Council and City staff relating to the Meyers-Milias-Brown Act, general municipal and public law issues, potential tort liability, and risk management.
3.Except where conflict of interest rules require otherwise, supervise and coordinate the activities of all other counsel retained by the City or working behalf of the City.
4.Provide legal advice, telephone, email, and personal consultations with members of the City Council and City staff.
5.Attendance at weekly executive staff meetings, and other meetings with City staff upon request (virtual meetings acceptable) may be required.
6.Review and/or prepare legal opinions, staff reports, ordinances, resolutions, agreements, contracts, forms, notices, certificates, deeds, leases, and other documents required by the City.
7.Perform legal work pertaining to land use issues, including, but not limited to, property transactions (e.g., acquisitions, disposals), public improvements, easements, dedications, and right-of-way vacations.
8.Monitor pending and current state and federal legislation and court decisions, as appropriate, and provide written updates on those that have the potential to affect the City.
Provide suggested action or changes in operations or procedures to assure compliance.
9.Consult with the City Council and City staff as needed, render legal advice and opinions(both oral and written), and perform such other or additional general legal services as maybe requested by the City, acting by and through the City Council or the City Manager.
10.Enforce City codes, zoning regulations, and building standards through administrative and judicial actions.
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Attachment 2
11.Provide training and guidance regarding the requirements of the Meyers-Milias-Brown Act, the Ralph M. Brown Act, Conflict of Interest (including Political Reform law and AB 1234), CEQA, the Elections Code, the Public Records Act, and other legal requirements imposed by statute and common law.
12.Advise the Council on municipal government legal matters, including the Brown Act and parliamentary procedures for running meetings.
13.Perform all duties of the office of City Attorney as provided in the Pismo Beach Municipal Code.
14.Promptly return all calls and e-mails from the City Council and City staff.
Litigation Services
1.Represent the City in civil litigation brought on behalf of or against the City, as directed by the City Council.
2.Provide litigation services to the City in any and all matters assigned by the City.
3.Prosecute misdemeanor and infraction violations of the City Municipal Code.
4.Oversee work by outside legal counsel.
Other Specialized Legal Services as Requested
1.Advice regarding taxes, assessments, fees, Proposition 218 proceedings, and other financial advice.
2.Environmental Legal Services other than routine review of negative declarations, environmental impact reports, and other project -level environmental documentation.
3.Real Estate services, other than routine review of escrow documents, title reports, and contracts of sale.
4.Advice regarding insurance coverage matters, such as advice and representation regarding coverage disputes.
5.Advice regarding water law and regulations.
Council Agenda 7-1-2025 12.A-11
Attachment 2
Attachment B: Compensation Schedule
Hourly Rates
General Legal Services 225 per hour
Special Legal Services 275 per hour
Litigation Services 275 per hour
Paralegal Services 165 per hour
General Legal Services are those services which involve regular, recurring legal and factual issues. General Legal Services include: attendance at City Council, Planning Commission and other subordinate City agency meetings, attendance at regular staff meetings, representing the City in intergovernmental projects, providing legal counsel and advice, both written and oral, to elected and appointed officials as to City business, working with City staff on all agenda items for City meetings, negotiation, drafting, review and revision of City agendas, routine agreements, contracts, instruments, ordinances, reports, resolutions, orders, forms, notices, and other documents as requested by City, and providing legal advice concerning Brown Act, CEQA, Public Records Act, Political Reform Act and other conflict of interest compliance, supervision and coordination of legal services performed by special and outside counsel, and recurring City Council and staff in-service training as requested by the City.
Special Legal Services include those matters which present unique legal and/or factual issues.
Special Legal Services differ from general legal services in that they are of an irregular non- recurring basis. Examples include all litigation, whether civil or criminal, code enforcement, City or Utility Authority work that is of unusual complexity or requiring an extraordinary dedication of attorney time, as determined by the City Manager or City Council, such as EIR Council Agenda 7-1-2025 12.A-12
Attachment 2
work, initiatives, negotiation and drafting of complex development agreements, complex/novel ordinances, comprehensive General Plan updates, or to the entire Zoning Code, etc. The City Attorney will not unilaterally designate any matter as a special project.
For any "special" matter, we will first obtain approval from the City Manager or City Council, and we will provide a proposed budget for said work.
Expense Reimbursement/Mileage. For all general legal services, we will not bill for travel time to and from our offices to City Hall. We generally do not bill fax, word processing, or small reproduction matters (under 100 pages). The firm will charge the City for actual necessary costs incurred for all of the following including but not limited to: court filing fees, attorney services (includes service of process fees, arbitrators, and mediators), messenger services, Lexis-Nexis research, overnight or express delivery services, mileage, parking fees, travel expenses, if applicable, including hotel, air travel and car rentals, actual costs for large reproduction projects if performed by an outside service, or $0.10 per page (b/w) and $0.20 per page (color) if performed in house, and any other expense not listed above which becomes necessary to the successful resolution of a client matter. In addition to the above, we will charge travel time for litigation and special services.
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Attachment 2