HomeMy WebLinkAboutCC RESO 2014-155RESOLUTION NO. 2014 — 155
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A SIXTH AMENDMENT
TO THE AGREEMENT FOR LEGAL SERVICES BY
BEST BEST & KRIEGER, LLP, FOR THE DEFENSE IN THE CYAC
LEGAL CHALLENGE TO INCREASE THE NOT TO EXCEED
AMOUNT BY $225,000 FOR A TOTAL AMOUNT OF $787,500
WHEREAS, on November 23, 2010, the City Council adopted Resolution No.
2010-254 approving an Agreement between the City of National City, the CDC, and Best Best &
Krieger, LLP ("BB&K"), to provide legal defense services regarding the Community Youth
Athletic Center ("CYAC") litigation in the not to exceed amount of $160,000; and
WHEREAS, on October 18, 2011, the City Council adopted Resolution No.
2011-229 approving the First Amendment to the Agreement that increased the not to exceed
amount by $134,000, bringing the total not to exceed amount to $294,000; and
WHEREAS, on May 15, 2012, the City Council adopted Resolution No. 2012-105
authorizing the Second Amendment to the Agreement in the amount of $70,000 for the on -going
appeal process, for a total not -to -exceed amount of $364,000; and
WHEREAS, on October 30, 2012, the City Council adopted Resolution No. 2012-
220 authorizing the Third Amendment to the Agreement in the amount of $45,000 for the on-
going appeal process, for a total not -to -exceed amount of $409,000; and
WHEREAS, on September 17, 2014, the City Council adopted Resolution No.
2013-134 authorizing the Fourth Amendment to the Agreement in the amount of $53,500 for the
on -going appeal process, for a total not -to -exceed amount of $462,500; and
WHEREAS, on February 18, 2014, the City Council adopted Resolution No.
2014-17 authorizing the Fifth Amendment to the Agreement in the amount of $100,000 for the
on -going appeal process, for a total not -to -exceed amount of $562,500; and
WHEREAS, the case remains on -going as it has been remanded to the trial court
for further proceedings after appeal, which has necessitated the retention of experts, the
detailed review of seven years' worth of legal bills involving entries by over twenty attorneys on
petitioners' side, and the trial court has requested additional briefing regarding petitioners'
request for approximately $2,400,000 in attorneys' fees, thus additional funding for continued
legal representation remains necessary; and
WHEREAS, this Sixth Amendment to the Agreement in the amount of $225,000
is necessary for the ongoing litigation, which will bring the total not -to -exceed amount to
$787,500; and
WHEREAS, the Sixth Amendment must also be approved by the Oversight
Board and State Department of Finance prior to becoming effective.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the Sixth Amendment to the Agreement
with Best Best & Krieger, LLP ("BB&K"), to increase the not to exceed amount by $225,000, for
a total not to exceed amount of $787,500, to cover legal services for the ongoing Community
Youth Athletic Center ("CYAC") litigation. The Sixth Amendment to the Agreement is on file in
the office of the City Clerk.
Resolution No. 2014 — 155
Page Two
PASSED and ADOPTED this 18`h day of November, 2014.
on Morrison, Mayor
ATTEST:
Michel R. Dalla,'City Clerk
PROVED AS TO FORM:
is Gacitu
City Attorn
Passed and adopted by the Council of the City of National City, California, on
November 18, 2014 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City Clerk of the City of/National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2014-155 of the City of National City, California, passed and
adopted by the Council of said City on November 18, 2014.
City Clerk of the City of National City, California
By:
Deputy