December 2, 2025
City Attorney's Office
DATE: December 2, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject: Contract Amendment to legal services agreement with Best Best & Krieger LLP
FINANCIAL IMPACT: The proposed amendment cost of $150,000 for a total contract amount not to exceed $160,000 is included
within the approved fiscal year 2025-2026 Risk
Management – General Liability Fund budget and will be
budgeted accordingly in subsequent fiscal year budgets
(Account String: 50182316 - 400554).
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
Additional funds are needed to ensure that the City has the appropriate legal advice and representation for
pending and future municipal litigation matters, including the existing Holmes v. City of Richmond, et al., writ of mandate litigation action.
RECOMMENDED ACTION: APPROVE a first amendment to the Best, Best & Krieger LLP legal services agreement, adding $150,000 for a
total amount not to exceed $160,000, with term ending
December 31, 2027, to provide advice and
representation in general municipal law matters – City Attorney’s Office (Kimberly Chin 510-620-6709/Shannon
Moore 510-620-6509).
AGENDA
REPORT
December 2, 2025
DISCUSSION:
To ensure the City continues to have the appropriate and adequate representation in future and pending municipal-related litigation against the City, the City Attorney’s Office requests approval of an amendment to the legal services agreement (LSA) with Best Best & Krieger LLP (BBK).
With regards to municipal law, BBK assists public agencies in areas such as labor & employment, real estate, telecommunications, code enforcement & receivership, economic development and housing, water, transportation, and land use, planning & zoning. Office Managing Partner Malathy Subramanian focuses her municipal law practice in the areas of land use, the Brown Act, Public Records Act, and Transportation. Partner Scott Ditfurth is a municipal law litigator focusing on public entity defense including but not limited to land use claims and writs, real property disputes, easement disputes, contract and construction claims, inverse condemnation, and eminent domain.
An initial legal services agreement with BBK was authorized in the amount of $10,000.
In order to continue receiving this vital legal support and to maintain momentum in addressing key issues, including the writ of mandate litigation matter in Holmes v. City of Richmond, et al., an amendment to the agreement is now recommended. The proposed amendment would increase the agreement by $150,000, for a total not-to- exceed amount of $160,000.
BBK’s rates are: $425 per hour for Partners; $325 per hour for Associates; and $195 per hour for Paralegals, Clerks and Analysts.
The City Attorney’s Office is requesting City Council approve a first amendment to the legal services agreement with Best Best & Krieger LLP, to increase the amount by $150,000 for a total amount not to exceed $160,000 and term ending December 31, 2027.
DOCUMENTS ATTACHED:
Attachment 1 – Amendment 1 to the BBK Original Contract (proposed) Attachment 2 – Original Contract with BBK