May 19, 2026
City Attorney's Office
DATE: May 19, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Shannon Moore, Interim City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject: Legal Services Agreement No. 4 with Nevers, Palazzo, Packard, Wildermuth & Wynner, PC
FINANCIAL IMPACT: The proposed amendment increases the contract compensation by $75,000. Funding is included within the approved fiscal year (FY) 2025–2026 City Attorney’s
Office budget (Account String: 01151014-400206). The
total expended to Aleshire & Wynder from FY 2021-2022
to date is $5,266,331.94.
The above expenditures for Aleshire & Wynder had
included in their FY 2024-2025 contract to pay for legal services from Nevers, Palazzo, Packard, Wildermuth &
Wynner (attorney Dennis La, contract not to exceed
$375,000) and Fox, Bertrand, Elliot, Osman & Wenzel
(attorney John Salcedo, contract not to exceed
$300,000). The Aleshire & Wynder current contract does
not include any further reimbursements for services
rendered by Nevers, Palazzo, Packard, Wildermuth &
Wynner.
The approval of this item also includes an appropriation of $75,000 from the General Fund.
PREVIOUS COUNCIL
ACTION:
October 17, 2023
December 17, 2024
AGENDA
REPORT
May 19, 2026
STATEMENT OF THE
ISSUE:
Winehaven Legacy LLC v. City of Richmond is currently
in the appeals phase of litigation. To continue receiving appropriate representation defending the City in
Winehaven and other related matters, the City Attorney
requires approval of a fourth amendment to the legal
services agreement with Nevers, Palazzo, Packard,
Wildermuth & Wynner, PC.
RECOMMENDED ACTION APPROVE a fourth amendment to the legal services agreement with Nevers, Palazzo, Packard, Wildermuth &
Wynner, PC, for legal representation related to the
Winehaven Legacy litigation and related matters, to
increase compensation by $75,000 for a total contract
amount not to exceed $450,000, extend the term through
December 31, 2027, and APPROPRIATE $75,000 from
the General Fund to cover associated legal fees. – City Attorney’s Office (Kimberly Chin 510-620-6709/Shannon
Moore 510-620-6505).
DISCUSSION:
Nevers, Palazzo, Packard, Wildermuth & Wynner, PC (Nevers Palazzo) currently provides co-defense counsel services defending the City in the ongoing matter of Winehaven Legacy LLC v. City of Richmond (Winehaven Legacy), as well as other matters, filed by attorney Daniel Butt. Dennis D. La was a partner with Aleshire & Wynder (A&W) and served as the lead attorney defending the City in the Winehaven Legacy matter prior to joining Nevers Palazzo. Mr. La’s expertise and vast knowledge of the subject matter is necessary to continue to represent the City in the Winehaven Legacy matter and related matters, which is currently in the Appeals phase of litigation.
Rates for Nevers Palazzo are as follows: Partner - $350 per hour, Associate - $285 per hour.
The City Attorney’s Office requests approval of the fourth amendment to the legal services agreement with Nevers, Palazzo, Packard, Wildermuth & Wynner, PC, increasing the compensation limit by $75,000 for an amount not to exceed $450,000 and term ending December 31, 2027.
DOCUMENTS ATTACHED:
Attachment 1 – 4th Amendment to LSA (proposed)
Attachment 2 – 3rd Amendment to LSA
Attachment 3 – 2nd Amendment to LSA
Attachment 4– 1st Amendment to LSA
Attachment 5 -- Original LSA with Nevers, Palazzo, Packard, Wildermuth & Wynner, PC