July 1, 2025
City Attorney's Office
DATE: July 1, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject: Legal Services Agreement Amendment No. 2 with Stoel Rives, LLP
FINANCIAL IMPACT: This second amendment will add $65,000 for an amount not to exceed $75,000, and will be paid from the City
Attorney budget legal cost (Account String: 01151014-
400206).
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
An amendment to the Stoel Rives—Guidiville/Land Use
LSA is needed to add funds to ensure that the City has
the appropriate legal representation relating to CEQA
and land use matters, including the existing Point Molate litigations and claims in Guidiville v. United States, and in the Wee v. City of Richmond litigation matter.
RECOMMENDED ACTION: APPROVE a second amendment to the legal services agreement with Stoel Rives, LLP appropriate and
adequate representation in future and pending land use
and CEQA related litigation (Guidiville/Land Use), in the amount of $65,000 for a total amount not to exceed
$75,000, with term ending December 31, 2026 – City
Attorney’s Office (Kimberly Chin 510-620-6709/Shannon
Moore 510-620-6509).
DISCUSSION:
To ensure the City continues to have the appropriate and adequate representation in future and pending land use and CEQA related litigation against the City, the City Attorney’s Office requests approval of an amendment to the land use/CEQA legal services agreement (LSA) with Stoel Rives, LLP (“Stoel Rives”).
AGENDA
REPORT
July 1, 2025
Guidiville v. United States (Guidiville Litigation):
For the Point Molate related matter, Guidiville Rancheria v. United States, the proposed amount will allow the City to monitor and maintain representation in the above- referenced litigation, as well as to respond in a timely manner to the claims and matters that may arise.
Attorney Christian Marsh, who has worked on the Guidiville matter since 2022, left Downey Brand in March 2025 to work at Stoel Rives. The City was notified of this change by letter which offered the options of either continuing to work with Downey Brand or having the City’s files transferred to Mr. Marsh’s new firm, Stoel Rives. The City Attorney recommends that the City continues using Mr. Marsh for the Guidiville matters. He has the knowledge and background necessary to represent the City in discussions with Guidiville and to use his insight and historical knowledge in legal review of all relevant documents. It would take a great deal of extra time and additional resources to get another attorney up to speed on these matters, given that Mr. Marsh has been involved since 2022.
Wee v. City of Richmond, and Other CEQA and Land Use Related Litigation In May 2025, the City of Richmond was served in Wee v. City of Richmond, a CEQA- related litigation matter challenging the City’s street sweeping program. To properly defend the City in current and future land use and CEQA related matters, additional funds are required as the current LSA with Stoel Rives is only for $10,000.
The current rates are:
Partner(s) $490/hour
Associate(s) $425/hour
The City Attorney’s Office is requesting City Council approve a second amendment with Stoel Rives, LLP, to increase the amount by $65,000 for a total amount not to exceed $75,000, and a term ending December 31, 2026.
DOCUMENTS ATTACHED:
Attachment 1 – Amendment 2 to the Original Stoel Rives, LLP, Legal Services Agreement (LSA) (Proposed)
Attachment 2 – Amendment 1 to LSA
Attachment 3 – Original LSA