HomeMy WebLinkAbout09 - CC-10 - Funding for Legal Services Agreement w/ - 4/17/20181
CITY COUNCIL AGENDA REPORT
MEETING DATE: April 17, 2018 ITEM NUMBER: CC-10
SUBJECT: FUNDING FOR LEGAL SERVICES AGREEMENT WITH BEST BEST
& KRIEGER
DATE: April 5, 2018
FROM: CITY MANAGER’S OFFICE
PRESENTATION BY: DANIEL K. BAKER, ASSISTANT TO THE CITY MANAGER
FOR FURTHER INFORMATION, CONTACT: DAN BAKER AT (714) 754-5156
RECOMMENDATION:
Staff recommends that the City Council:
1. Authorize additional funding in the amount $75,000 to allow Best Best & Krieger
(BB&K) to provide legal assistance with group home issues and a multi-agency
lawsuit involving AmeriCare MedServices, Inc.
2. Satisfy the City’s financial obligation to BB&K in connection with the sober living home
litigation and additional work related to the AmeriCare MedServices, Inc. litigation in
the amount of $33,502.34.
BACKGROUND/ANALYSIS:
In June of 2014, the City entered into agreement for special counsel legal services with
BB&K to provide the City with legal counsel regarding both environmental legal review
and independent legal counsel regarding election issues.
At the June 7, 2016 City Council meeting, funding for the existing BB&K contract was
increased to a not to exceed amount of $75,000 to provide support during the City’s General
Plan update. Attorneys with BB&K have provided valuable legal services related to the
California Environmental Quality Act (CEQA). In addition, staff has utilized their services
to review environmental documents to ensure compliance with CEQA as well as the
review of public responses and comments and assist with proper documentation and
responses regarding the legal requirements of CEQA. BB&K also provided valuable
independent legal counsel for both the 2014 and 2016 elections related to issues regarding
campaign signage, the City’s role regarding video footage from candidate forums, and
use of the City Seal.
At the January 17, 2017 meeting, City Council voted to authorize an additional $75,000 due
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to the Council’s desire to continue with BB&K to assist with a review of the group home
ordinances as well as provide legal assistance regarding a multi-agency lawsuit against
AmeriCare MedServices.
After review, it was determined that additional funding in the amount of $33,502.34 is needed
to satisfy the City’s financial obligation to BB&K for work performed regarding Solid Landings
litigation and legal assistance regarding a multi-agency lawsuit against AmeriCare
MedServices. However, due to the Council’s desire to continue with BB&K to assist with
group home issues as well as provide additional legal assistance, an additional $75,000 is
necessary to allow BB&K to continue to provide legal services to the City.
ALTERNATIVES CONSIDERED:
An alternate consideration would be to make final payment to BB&K for work performed and
discontinue with the consultant’s assistance, or provide additional funding for the consultant at
a different amount.
FISCAL REVIEW:
City Council authorization is necessary to increase the funding for the agreement to provide
payment for services rendered in the amount of $33,502.34 and authorize an additional
$41,497.66 to continue with special counsel legal services with BB&K. The combined payment
and contract increase will equal $75,000. Funding for the contractual increase will come from
unencumbered salary savings.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report. No contract amendment is needed for the
funding increase because the contract itself does not specify a contract amount. SB 331
(Crony) does not apply because there are no contract negotiations or amendment involved
in this funding increase. (Public Contract Code section 22178(a).)
CONCLUSION:
The City Manager’s Office recommends that the City Council authorize additional funding
of $75,000 to continue with Best Best & Krieger for special counsel legal services.
DANIEL K. BAKER
Assistant to the City Manager
ATTACHMENTS: 1.Special Counsel Legal Services
Agreement with Best Best & Krieger
Attachment 1