HomeMy WebLinkAboutStaff ReportSTAFF REPORT
This matter is a result of the Community Youth Athletic Center ("CYAC") legal challenge to the
2007 Redevelopment Plan Amendment. In addition to the Plan Amendment challenge, the
CYAC made other claims, including violations of the Public Records Act and due process. This
lawsuit has been working its way through the legal system since the Fall of 2007. Currently, the
case is on appeal from Judge Denton's decision. Judge Denton invalidated the 2007
Redevelopment Plan Amendment, found that the Public Records Act was not complied with
when draft notes and consultant's documents were not provided, and found the CYAC was not
provided due process because they did not have sufficient time to object to the plan amendment.
CYAC has cross -appealed on all the claims in which the Court held against them. The Court's
award of attorney's fees totaling approximately two -million dollars ($2,000,000) has been also
appealed to the 4th District Court of Appeals.
Bruce Beach and Rebecca Andrews of Best Best & Krieger, LLP ("BB&K") have been our
outside counsel in this case. Given the nature and length of the case, additional funds in the
amount of $53,500 are needed for the on -going appeal.
The City Council has previously approved the following:
1. Original Agreement for Legal Services in the amount of $160,000 (November 12, 2010).
2, First Amendment to the Agreement in the amount of $134,000 (October 18, 2011).
3. Second Amendment to the Agreement in the amount of $70,000 (May 15, 2012).
4. Third Amendment to the Agreement in the amount of $45,000 (October 30, 2012).
This Fourth Amendment to the Agreement in the amount of $53,500 is necessary for the on-
going appeal process, which will bring the total not -to -exceed amount to $462,500. The appeal
process is anticipated to be completed and decision rendered within the next 12 months. Because
all redevelopment agencies were dissolved by the State, this Fourth Amendment is between the
Successor Agency to the Community Development Commission as the National City
Redevelopment Agency and BB&K. The Fourth Amendment will also require the approval of
the Oversight Board to the Successor Agency prior to being effective,