____________________________________________________________________________________
FOR CITY CLERK ONLY
Agenda Item No: SM 1.c
Meeting Date: June 15, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Attorney
Prepared by:
Andrea Visveshwara, Chief Assistant City
Attorney
City Manager Approval: ______________
TOPIC: PROFESSIONAL SERVICES AGREEMENT FOR LEGAL SERVICES SUBJECT: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $585,000 WITH BURKE, WILLIAMS & SORENSEN, LLP
FOR LEGAL SERVICES
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement in an amount not to exceed $585,000 with Burke, Williams & Sorensen, LLP for legal services.
BACKGROUND:
The City Attorney’s Office is currently staffed with a part-time elected City Attorney, a full-time Chief Assistant City Attorney, a Deputy City Attorney, and a Legal Assistant. In order to provide necessary legal services to the City, the office engages attorneys from the law firm of Burke, Williams & Sorensen, LLP for as-needed services in general municipal law, including subject-matter expertise in areas such as land use, zoning, housing, code enforcement, labor and employment, finance, real estate, the Public Records Act, and telecommunications.
The City Council has previously authorized the following agreements with Burke, Williams & Sorensen, LLP:
• On January 21, 2020, the City Council approved and authorized the City Manager to enter into an agreement for legal services to supplement staff in the City Attorney’s Office in an amount not to exceed $112,000.
• On June 7, 2021, the City Council authorized the City Manager to approve and execute an agreement for essential legal services to supplement staff in the City Attorney’s Office in an amount not to exceed $150,000.
• On August 1, 2022, the City Council authorized the City Manager to approve and execute an agreement for essential legal services to supplement staff in the City Attorney’s Office in an amount not to exceed $150,000.
• On August 21, 2023, the City Council authorized the City Manager to enter into a PSA for general municipal legal services in an amount not to exceed $170,000, and on May 20, 2024, the City SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Council authorized the City Manager to enter into the first amendment to the agreement in the amount of $130,000, increasing the total PSA to $300,000. • On October 21, 2024, the City Council authorized the City Manager to enter into a PSA for general municipal legal services in an amount not to exceed $420,000. This agreement excluded payments made that were reimbursed by third-parties (e.g., developers from the not to exceed amount.
• On November 4, 2024, the City Council authorized the City Manager to enter into two PSAs, the first for employee relations legal services in an amount not to exceed $150,000, and the second for labor relations legal services in an amount not to exceed $150,000 (collectively referred to as the “Employee Legal Services Agreements”). On March 17, 2025, the City Council authorized the City Manager to enter into an amendment to the agreement for employee relations to increase the not to exceed amount by $75,000, for a total of $225,000. The Employee Legal Services Agreements run through June 30, 2026.
• On June 23, 2025, the City Council authorized the City Manager to enter into one PSA that would supersede the PSAs entered into and extended on November 4, 2025, and March 17, 2025, and provide legal services to all City departments from July 1, 2025 through June 30, 2026, with funding from the City Attorney’s Office, Human Resources, and Affordable Housing Fund. In addition, the PSA provided services for development projects, typically paid for by developers, and litigation services.
ANALYSIS:
Staff recommends entering into a professional services agreement to retain Burke, Williams & Sorensen, LLP for as-needed general municipal legal services covering fiscal year (FY) 2026-27. Pursuant to San Rafael Municipal Code Section 2.55.100.D, contracts for professional services are exempt from bidding on the basis of demonstrated competence and professional qualifications. Burke, Williams & Sorensen, LLP is a full-service municipal law firm, meaning it can provide a variety of services to all City departments, and its attorneys have expertise in a variety of areas. Payment would be made at the firm’s standard public entity hourly rates. This agreement would cover all City departments and would be paid from different funds. For services related to general municipal law, payment would be made from the City Attorney's Office contract budget. Legal services for development projects are typically covered by a cost recovery agreement, and legal fees are paid by the applicant. Representation in litigation matters is covered by the liabilities fund. Services for labor and employment are covered by the Human Resources Department’s budget. There are also special matters that may be paid out of a project’s budget.
FISCAL IMPACT:
Funding in support of the proposed PSA will be appropriated with the City’s FY 2026-27 budget, pending adoption. Funds to cover expenditures are included in the proposed FY 2026-27 Budget from the following sources:
• $125,000 from the City Attorney’s Office budget from funds for contract services (General Fund)
• $300,000 from the Human Resources budget from funds for contract services (General Fund) • $80,000 from the General Plan Fee Fund (Fund 102) for projects related to implementing the General Plan
• $50,000 for affordable housing from the Affordable Housing Trust Fund (Fund 243) • $15,000 from the City Manager’s Office from funds for contract services to support initial negotiations for affordable housing at 350 Merrydale (General Fund) SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
• $15,000 from the Successor Agency to cover the final disposition of Andersen Drive Based on the foregoing, the total not to exceed amount will be $585,000. This amount excludes expenditures reimbursed by third parties, as well as expenditures covered by the liability fund (e.g., litigation services).
OPTIONS:
The City Council has the following options to consider on this matter:
1. Authorize the City Manager to enter into the professional services agreement.
2. Direct staff to return with more information.
3. Take no action.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement in an amount not to exceed $585,000 with Burke, Williams & Sorensen, LLP for legal services.
ATTACHMENTS:
1. Resolution
2. Draft Professional Services Agreement for General Municipal Legal Services RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $585,000 WITH BURKE, WILLIAMS & SORENSEN, LLP FOR LEGAL SERVICES WHEREAS, the City has determined that general municipal legal services are needed to provide capacity and technical expertise to the City Attorney’s Office, which provides legal services to all City departments; and
WHEREAS, Burke Williams & Sorensen, LLP is qualified to provide legal services to the City; and
WHEREAS, pursuant to San Rafael Municipal Code Section 2.55.100.D, contracts for professional services are exempt from bidding on the basis of demonstrated competence and professional qualifications; and
WHEREAS, the City determines that Burke Williams & Sorenson is competent and highly qualified to provide legal services to the City; and WHEREAS, funding in support of the proposed PSA will be appropriated with the City’s fiscal year (FY) 2026-27 budget, pending adoption, and is available from the contractual services funds in the budgets of the City Attorney’s Office, Human Resources, Affordable Housing Fund, City Manager’s Office and General Plan Fee Fund; and NOW, THEREFORE BE IT RESOLVED, that the City Council hereby finds the foregoing recitals to be true and correct and hereby authorizes the City Manager to execute a professional services agreement in an amount not to exceed $585,000 with Burke, Williams & Sorensen, LLP for legal services, with expenditures reimbursed by third parties and covered by the liability fund excluded from the not to exceed amount.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 15th day of June 2026, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_________________
Lindsay Lara, City Clerk