HomeMy WebLinkAboutCC RESO 2015-32RESOLUTION NO.2015 — 32
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR LEGAL SERVICES
BETWEEN THE SUlf ECCfR AGENCY TO THE COMMUNITY DEVELOPMENT
COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY
("SUCCESSOR AGENCY"), THE CITY OF NATIONAL CITY ("CITY"), AND
THE LAW FIRM OF MAZZARELLA & MAZZARELLA. LLP, SUPERSEDING
THE PRIOR AGREEMENT FOR LEGAL SERVICES BETWEEN
THE SUCCESSOR AGENCY, THE CITY OF NATIONAL CITY, AND
MAZZARELLA LORENZANA, LLP, CONTINGENT UPON STATE DEPARTMENT
OF FINANCE APPROVAL, WITH NO INCREASE iN THE PREVIOUSLY
APPROVED NOT TO EXCEED AMOUNT OF $250,000 FOR HOURLY FEES
WHEREAS, the City of National City and the former Community Development
Commission entered into an Agreement for Legal Services with Mazzarella Lorenzana, LLP,
effective November 21, 2011 ("2011 Agreement") for the not to exceed amount of $50,000 to
pursue various claims against Rosenow Spevacek Group ("RSG") based on and related to the
work RSG performed in connection with the 2007 Redevelopment Plan Amendment; and
WHEREAS, pursuant to ABx1 26 and AB1484, the Successor Agency has an
obligation to minimize liabilities of its redevelopment agency; and
WHEREAS, the compensation to the firm was a combination of a lower hourly
rate for legal fees ($150/hour) in addition to a contingency tee (no greater than 20%); and
WHEREAS, on January 21, 2012, the City Council adopted Resolution No. 2012-
31 approving a First Amendment to the 2011 Agreement to increase the not to exceed amount
by $200,000, for a total not to exceed amount of $250,000; and
WHEREAS, the firm has changed names and seeks to enter into a new
Agreement for Legal Services to reflect the name change from Mazzarella Lorenzana, LLP, to
Mazzarella & Mazzarella, LLP, reflect the current Successor Agency name in place of what was
formerly the Community Development Commission, and confirm the compensation structure of
reduced o_ i rate.1 50 leer not (mooed amount of 25 000 (noincrease
the r iced h :�r y ra__ of� .� per hour .:.: a : to e $_��,.. „
from the original amount) in addition to a reduced contingency fee of up to 20°k.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Agreement for Legal Services between
the Successor Agency to the Community Development Commission as the National City
Redevelopment Agency, the City of National City, and the Law Firm of Mazzarella & Mazzarella,
LLP, superseding the prior Agreement for Legal Services between the Successor Agency, City
of National City, and Mazzarella Lorenzana, LLP, contingent upon State Department of Finance
approval, with no increase in the previously approved not to exceed amount of $250,000 for
hourly fees.
[Signature Page to Follow]
Resolution No. 2015 — 32
Page Two
PASSED and ADOPTED this 1'►t day of March, 015.
Ron Morrison, Mayor
ATTEST:
Michael R. Dail , City Clerk
APPROVED AS TO FORM:
Passed and adopted by the Council of the City of National City, California, on March 17,
2015 by the following vote, to -wit:
Ayes: Counciimembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
12JJ/4
City lerkofthe Citytional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2015-32 of the City of National City, California, passed and adopted
by the Council of said City on March 17, 2015.
City Clerk of the City of National City, California
By:
Deputy