June 23, 2026
Public Works
City Attorney’s Office
DATE: June 23, 2026
TO: Mayor Martinez and Members of the City Council
FROM:
Shannon Moore, Interim City Attorney
James Atencio, Senior Assistant City Attorney
Daniel Chavarria, PE, Director of Public Works
Tawfic Halaby, PE, Deputy Director of Public Works,
Water Resource Recovery Division
Bradley Harms, Environmental Manager
Subject:
Legal Services Agreement Amendment No. 2 with Best,
Best & Krieger LLP to Advise on a Wastewater Operator
Agreement
FINANCIAL IMPACT: The proposed $100,000 expenditure is available within the approved Fiscal Year 2025–2026 Wastewater Fund
budget (Account String: 40322431-400201). There is no
impact to the General Fund.
PREVIOUS COUNCIL
ACTION:
December 2, 2025
STATEMENT OF THE
ISSUE:
City staff is requesting approval of a second amendment to the legal services agreement with Best, Best & Krieger LLP to expand the scope of work to include advising,
drafting, and negotiating a new wastewater operator
agreement in support of the City’s upcoming procurement of a wastewater system operator, as directed by the City Council.
RECOMMENDED ACTION:
APPROVE a second amendment to the Best, Best &
Krieger LLP legal services agreement to provide advice
and assistance in negotiating a new wastewater operator agreement for Public Works, increasing the contract
amount by $100,000 for a total payment limit of
$260,000, extending the term through December 31,
2027, and AUTHORIZE the city manager or their
designee to execute the amendment – City Attorney’s
AGENDA
REPORT
June 23, 2026
Office (Tawfic Halaby 510-620-5482/Shannon Moore
510-620-6509).
DISCUSSION:
Background
The City entered into a legal services agreement with Best, Best & Krieger LLP (BBK) on July 1, 2025, for legal representation and advisory services. On December 2, 2025, the City Council approved Amendment No. 1 to increase the total compensation to $160,000 to support ongoing legal services, including litigation matters.
The City’s wastewater treatment plant, wastewater collection system, and stormwater collection system are currently operated under contract. That agreement is scheduled to expire on May 15, 2027. On March 17, 2026, the City Council directed City staff to initiate a competitive procurement process to select a new operator for these systems.
To support this effort, the City requires legal services to assist with the development and negotiation of a new operations and maintenance agreement. The proposed second amendment would increase the total payment limit by $100,000, for a total not-to- exceed amount of $260,000, and extend the agreement term through December 31, 2027.
Analysis
The development of a new wastewater operator agreement involves complex legal, regulatory, and contractual considerations. Specialized legal expertise is required to ensure that the agreement is consistent with applicable laws, reflects current industry practices, and appropriately allocates risk.
BBK currently provides legal services to the City and has experience in municipal law, including public agency representation and infrastructure-related matters. The proposed amendment expands the scope of the existing agreement to include advising Public Works and the City Attorney’s Office in drafting and negotiating a new wastewater operator agreement.
The amendment allows the City to utilize existing legal counsel familiar with City operations and ongoing matters, which may support continuity and efficiency in the development of the new agreement.
City staff recommend approval of the second amendment will allow the City to expand the scope of its existing legal services agreement with BBK to include support for development and negotiation of a new wastewater operator agreement and to increase the contract capacity by $100,000 for a new not-to-exceed contract amount of $260,000.
DOCUMENTS ATTACHED:
June 23, 2026
Attachment 1 – Resolution
Attachment 2 – Proposed Amendment No. 2 to the Legal Services Agreement with Best, Best & Krieger LLP
Attachment 3 – Executed Amendment No. 1 to the Legal Services Agreement with Best, Best & Krieger LLP
Attachment 4 – Original Legal Services Agreement with Best, Best & Krieger LLP