CITY COUNCIL STAFF REPORT
Meeting Date: June 17, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-24 AUTHORIZING THE CITY
MANAGER TO EXECUTE LEGAL SERVICES AGREEMENTS WITH
PUBLIC AGENCY LAW FOR GENERAL CITY ATTORNEY SERVICES,
WITH JANET COLESON AS THE DESIGNATED CITY ATTORNEY,
WITH BEST BEST & KRIEGER (BBK) FOR SPECIAL COUNSEL
LEGAL SERVICES AND TERMINATING THE CURRENT LEGAL
SERVICES AGREEMENT WITH BBK
SYNOPSIS
Due to requested changes in hourly rates for legal services, the City Council has the option of contracting with Public Agency Law, Inc. (PAL) for general City Attorney legal services, with Janet Coleson as the designated City Attorney, and with Best Best & Krieger (BBK) for specialized legal services, or directing staff to request an amended agreement with BBK for both general City Attorney legal services and specialized legal services, but with increased rates, an automatic CPI increase to those rates starting in July of 2025 and a new designated City Attorney.
DISCUSSION
Background
City Attorney legal services fall into two broad categories, general or basic services and specialized services. Currently, Pleasant Hill contracts for City Attorney services with Best Best & Krieger (BBK), with Janet Coleson as the designated City Attorney. The rates for general services are $235/hour and up to $305 for specialized services. BBK requested a rate increase to $275/hour for general services and $355 to $425 for specialized services. BBK also requested an automatic Consumer Price Index (CPI) increase every July starting in 2025.
Janet Coleson has served as City Attorney since 2012 and would like to continue representing the City as City Attorney. Accordingly, she has formed her own law corporation, Public Agency Law (PAL), and is able to offer a continuation of her services as City Attorney, performing general services at a rate of $245/hour. BBK is willing to provide specialized services and any overflow general services on an on-call and as-needed basis, at rates of $285 for general services and $355 to $425 for specialized services. There also is an automatic CPI increase every July starting in 2025.
Entering into new agreements for legal services will require terminating the existing legal services agreement with BBK.
Analysis
Contracting with PAL instead of BBK results in a savings of $30/hour for general City Attorney legal services and maintains Janet Coleson as the City Attorney. Additionally, there is no automatic CPI increase included in the PAL agreement. Using BBK for specialized services only will result in an increase of $50/hour to $120/hour for specialized services and these rates will continue to increase by the CPI every July starting in 2025.
An informal review of contract city attorney services for other cities in Contra Costa County and the Bay Area as a whole show that contract city attorney rates have increased over the last few years such that rates for general city attorney services now range from a legacy rate of $245/hour to a high of $386/hour. The automatic CPI increase is also becoming more prevalent in city attorney legal services contracts.
FISCAL IMPACT
Contracting with PAL for general city attorney services and BBK for on call specialized legal services will result in an increase of $10/hour for general City Attorney legal services and increases in the range of $50/hour to $120/hour for specialized legal services, with an automatic CPI increase every July starting in 2025. There is no automatic CPI increase in the PAL agreement.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department.
The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolution.
ALTERNATIVES TO RECOMMENDED ACTION
Provide direction to staff to request BBK submit a new agreement with revised rates and new designated City Attorney.
ATTACHMENT(S):
1) Agreement for City Attorney Legal Services between the City of Pleasant Hill and Public Agency Law, Inc. (PAL)
2) Agreement for Special Counsel Legal Services between the City of Pleasant Hill and Best Best & Krieger
Prepared by: Janet Coleson, City Attorney
Approved by: Ethan Bindernagel, City Manager