HomeMy WebLinkAboutSA RESO 2014-56RESOLUTION NO. 2014 — 56
RESOLUTION OF THE SUCCESSOR AGENCY
TO THE COMMUNITY DEVELOPMENT COMMISSION
AS THE NATIONAL CITY REDEVELOPMENT AGENCY
AUTHORIZING THE CHAIRMAN 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 Community Development Commission
of the City of National City ("CDC") adopted Resolution No. 2010-265 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 CDC (now the Successor Agency)
adopted Resolution No. 2011-233 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 Successor Agency adopted Resolution No.
2011-10 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 Successor Agency adopted Resolution No.
2012-25 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 Successor Agency adopted Resolution
No. 2013-38 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 Successor Agency adopted Resolution
No. 2014-42 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.
Resolution No. 2014 — 56
Page Two
NOW, THEREFORE, BE IT RESOLVED that the Board of the Successor Agency
to the Community Development Commission as the National City Redevelopment Agency
hereby authorizes the Chairman 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, which will
bring the total not -to -exceed amount to $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.
PASSED and ADOPTED this 18th day of Novemb , 2014.
Won Morrison, Chairman
ATTEST:
d
Michael R. Dalla, Ci y Clerk as
Secretary to the Successor Agency
ROVED AS TO FORM:
u
Successor Akaencv Counsel
Passed and adopted by the Successor Agency to the Community Development
Commission as the Redevelopment Agency of the City of National City, California, on
November 18, 2014 by the following vote, to -wit:
Ayes: Boardmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman of the Successor Agency to the
Community Development Commission
as the Redevelopment Agency of the
City of National City, California
1.1� .
- ZL -
'City Clerk Servin as Secretary
to the Successor Agency
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2014-56 of the Successor Agency to the Community Development
Commission as the Redevelopment Agency of the City of National City, California,
passed and adopted on November 18, 2014.
City Clerk Serving as Secretary
to the Successor Agency
Deputy