To: Honorable Mayor and Members of City Council
From: Steve Potter, City Manager
Prepared By: Liz Habkirk, Assistant City Manager
TITLE:
Title
Appointment of Interim City Attorney
LABEL
RECOMMENDED ACTION:
Adopt a resolution:
Recommendation
1. Authorizing the City Manager to negotiate and execute a Professional Services Agreement with Best, Best and Krieger LLP for legal services in the amount of up to $350,000; and
2. Appointing Christopher Diaz of Best, Best and Krieger as Interim City Attorney effective September 7, 2024.
Body
DISCUSSION:
Following the resignation of former City Attorney, Michael Barrett, on April 2, 2024, the City Council appointed Sabrina Wolfson, then Assistant City Attorney, as Interim City Attorney, effective May 1, 2024. In addition, the City Council designated an ad hoc advisory subcommittee consisting of Mayor Sedgley and Councilmember Luros (Subcommittee) to guide the City Manager and Human Resources Director during the City Attorney recruitment process.
In April 2024, the City Attorney’s Office entered into a Legal Services Agreement with Best, Best and Krieger LLP (BBK), an experienced and full-service municipal law firm, to provide Interim Assistant City Attorney services. Since that time, BBK attorneys have been working closely with City staff and providing legal advice on a variety of issues.
On August 6, 2024, Interim City Attorney, Sabrina Wolfson, informed the Mayor and Councilmembers of her intention to resign, with her last day being September 6, 2024. City Charter Section 75 authorizes the City Council to appoint the City Attorney. The City Manager’s Office has been working with the Subcommittee to identify outside counsel to serve as Interim City Attorney until the City Attorney recruitment is completed. Given that staff has been working with BBK over the past several months, the need and desire for continuity of legal services, and the short time frame for appointing an Interim City Attorney, the City Manager’s Office and Subcommittee obtained an updated proposal from BBK for Interim City Attorney services, which proposed Christopher Diaz of BBK as the Interim City Attorney (See Attachment 1). Mr. Diaz was interviewed by City staff and then by the Subcommittee.
On August 20, 2024, the City Council will meet in closed session to hear the recommendation of the Council Subcommittee for the Interim City Attorney appointment and interview Mr. Diaz.
Mr. Diaz is a public agency attorney and is currently serving as City Attorney for the towns of Colma and Hillsborough. He has previously served as City Attorney to the City of Milpitas, a role he served in for seven years. Mr. Diaz assists clients in all areas of public agency law. Mr. Diaz is prepared to serve in the role of Interim City Attorney until the City Council appoints a permanent City Attorney, which staff anticipates will happen in the next several months.
If adopted by the City Council, the proposed resolution would authorize the City Manager to negotiate and execute a contract with BBK for the Interim City Attorney and other legal services in an amount up to $350,000 and in accordance with the rates set forth in BBK’s proposal. Staff anticipates that BBK’s legal services will be required for several months after the City Attorney is appointed to assist with the transition and to continue to provide Interim Assistant City Attorney services until the City Attorney’s Office is fully staffed.
In addition, if adopted by the City Council, the resolution would appoint Christopher Diaz as Interim City Attorney effective September 7, 2024. The appointment would be effective until terminated by the City Council, and it is anticipated that the appointment will be for an interim term until the new City Attorney is appointed. The Interim City Attorney shall exercise the duties and powers of the City Attorney as set forth in the City Charter, and as directed by the City Council through ordinances, resolutions, and minute actions.
FINANCIAL IMPACTS:
None.
CEQA:
The City Manager has determined the recommended actions described in this staff report are not subject to CEQA, pursuant to CEQA Guidelines Section 15060(c).
DOCUMENTS ATTACHED:
ATCH 1 - BBK Proposal
ATCH 2 - Draft Resolution
NOTIFICATION:
None