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City Attorney Office <br />www.santa-ana.org/ca <br />Item # 23 <br />City of Santa Ana <br />20 Civic Center Plaza, Santa Ana, CA 92701 <br /> Staff Report <br />November 2, 2021 <br />TOPIC: City Attorney Evaluation and Restated Legal Services Agreement <br />AGENDA TITLE: <br />City Attorney Evaluation and Restated Legal Services Agreement with Best Best and <br />Krieger LLP to reflect positive performance evaluation conducted on October 5, 2021 <br />RECOMMENDED ACTION <br />Authorize the Mayor, on behalf of the Council, to execute the Restated Legal Services <br />Agreement with Best Best and Krieger LLP for City Attorney and Special Counsel Legal <br />Services. <br />DISCUSSION <br />The City of Santa Ana City Charter provides that the City Council shall conduct <br />evaluations of its appointees on an annual basis. In addition, the City’s Legal Services <br />Agreement with Best Best and Krieger LLP, for City Attorney Sonia Carvalho’s services, <br />provides for an annual evaluation and opportunity for consideration of adjustments based <br />on a positive evaluation. On October 5, 2021, the City Council conducted this evaluation <br />of City Attorney Carvalho and agreed that Ms. Carvalho is doing an excellent job as City <br />Attorney. Based on their evaluation, the City Attorney has proposed adjustments to the <br />Legal Services Agreement, which has not been amended since 2014 and, in that <br />instance, compensation for the City Attorney’s annual retainer services were decreased. <br />The City Attorney’s Legal Services Agreement was adopted by the City Council on April <br />2, 2012 and provided for an annual retainer of $300,000 with provisions for hourly rates <br />for discretionary services to only be provided upon by written requests. In September <br />2014, during economically challenging times, employees were asked to take reductions <br />and the City Attorney took part in this effort and agreed to a reduction of her annual <br />retainer to $270,000 per year which the City Council approved an amendment to the <br />Agreement. The legal services agreement has not been adjusted or amended since 2014 <br />and during the ten-year period, since services were initially engaged upon in 2012, other <br />employee bargaining units negotiated salary and benefit increases. For example and <br />comparison, the Santa Ana Management Association negotiated and received salary <br />increases of 24% and the Police Officers Association 35%. The City Attorney has <br />requested an adjustment. The City Council has agreed to an annual retainer in the <br />amount of $325,000 with a possible additional increase in six months based on continued