HomeMy WebLinkAbout2012 CON Best, Best & Krieger - Amendment #2 Legal ServicesSECOND AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY,
THE SUCCESSOR AGENCY
TO THE COMMUNITY DEVELOPMENT COMMISSION
AS THE NATIONAL CITY REDEVELOPMENT AGENCY
AND
BEST BEST & KRIEGER, LLP
This Second Amendment to Agreement is entered into this 15th day of May, 2012, by
and between THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY"), THE
SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE
NATIONAL CITY REDEVELOPMENT AGENCY, a public body, corporate and politic, (the
"SUCCESSOR AGENCY"), and BEST, BEST & KRIEGER, LLP, (the "FIRM").
RECITALS
A. The CITY, the CDC and the FIRM (the "Parties") entered into an agreement on October
9, 2010, ("the Agreement") wherein the FIRM agreed to provide legal services in the
defense of the case entitled Community Youth Athletic Association v. All Persons
Interested in the Matter of the Amendment to National City's Redevelopment Plan as
Adopted by Ordinance 2007-2295, Case No. 37-2007-00076404-CU-EI-CTL, in the
amount of $160,000, and subject to the terms of the Agreement.
B. The Parties entered into the First Amendment to the Agreement on October 18, 2011,
(the "First Amendment") to increase the not -to -exceed amount of the Agreement by
$134,000, for a total Agreement not -to -exceed amount of $294,000.
The case remains on -going as it is on appeal, and requires continued legal representation.
D. The Parties desire to amend the Agreement to increase the not -to -exceed amount of the
Agreement by $70,000.
E. On January 10, 2012, the City Council adopted Resolution No. 2012-15, pursuant to Part
1.85 of the California Health and Safety Code, electing for the City to serve as the
successor agency to the CDC upon the dissolution of the Redevelopment Agency.
F. On February 1, 2012, all California redevelopment agencies were dissolved, successor
agencies were established as successor agencies to the former redevelopment agencies
pursuant to Health and Safety Code Section 34173, and successor agencies are tasked
with paying, performing and enforcing the enforceable obligations of the former
redevelopment agencies.
G. This Second Amendment will require the approval of the Oversight Board to the Successor
Agency prior to being effective.
•
NOW, THEREFORE, the CITY OF NATIONAL CITY, THE SUCCESSOR AGENCY
TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY
REDEVELOPMENT AGENCY, AND BEST BEST & KRIEGER, LLP, hereto agree that the
Agreement entered into on October 9, 2010, and amended on October 18, 2011, shall be
amended by amending Article 3 (Compensation), Section C of the Agreement by increasing the
not -to -exceed amount by $70,000, for a total not -to -exceed amount of $364,000.
The parties further agree that with the foregoing exception, each and every term and
provision of the Agreement dated October 9, 2010, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
the Agreement on the date and year first above written.
SUCCESSOR AGENCY TO
THE COMMUNITY DEVELOPMENT
COMMISSION AS THE NATIONAL CITY
REDEVELOPMENT AGENCY
B
APP
By:
orrison, Chairman
va
cy Counsel
CITY OF NATIONAL CITY
B
on Morrison, Mayor
APPROVED AS TO FORM:
By:
-2-
BEST, BEST, & KRIEGER, LLP
By: 2.A .X.C.1 , 3
Bruce Beach, Esq. ✓✓
Second Amendment to Agreement
City of National City; Successor Agency and BBK
Indian Wells
(760) 568-2611
Irvine
(949) 263-2600
Los Angeles
(213) 617-8100
Ontario
(909) 989-8584
Bruce W. Beach
(619) 525-1335
bruce.beach@bbklaw.com
File No. 60161.00008
BEST BEST & KRIEGER
ATTORNEYS AT LAW
655 West Broadway, 15th Floor, San Diego, CA 92101
Phone: (619) 525-1300 I Fax: (619) 233-6118 I www.bbklaw.com
May 2, 2012
Ms. Ginny Miller
Executive Assistant to the City Attorney
City of National City
1243 National City Blvd
National City, California 91950-4301
Re: Second Amendment to Legal Services Agreement
Dear Ginny:
Riverside
(951) 686-1450
Sacramento
(916) 325-4000
Walnut Creek
(925) 977-3300
Washington, DC
(202) 785-0600
CD
rrt
As requested, enclosed are three original legal services agreements (Second Amendment
to Agreement by and between the City of National City, etc., and Best Best & Krieger, LLP,
which have been executed by Bruce Beach. Once the agreement has been fully executed, please
pr.)vidc a copy for our file.
Should you have any questions regarding the above, please contact us at your
convenience. Thank you.
Very truly yours,
an Rc ba1
Legal Assistt touce W. Beach, Esq.
of BEST BEST & KRIEGER LLP
BWB:wjr
Enclosures
60161.00008\7401504.1
RESOLUTION NO. 2012 — 105
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT
TO THE AGREEMENT FOR LEGAL DEFENSE SERVICES BETWEEN
THE CITY OF NATIONAL CITY, THE SUCCESSOR AGENCY TO
THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY
REDEVELOPMENT AGENCY, AND BEST BEST & KRIEGER, LLP,
TO INCREASE THE NOT TO EXCEED AMOUNT BY $70,000,
FOR A TOTAL AMOUNT OF $364,000
WHEREAS, on November 23, 2010, the City Council adopted Resolution No.
2010-254, and 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 City Council adopted Resolution No.
2011-229, and 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, the Second Amendment to the Agreement in the amount of $70,000
is necessary for the on -going appeal process, which will bring the total not -to -exceed amount to
$364,000; and
WHEREAS, the Second Amendment must also be approved by the Oversight
Board to the Successor Agency prior to being effective.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement
between the City of National City, the Successor Agency to the Community Development
Commission as the National City Redevelopment Agency, and Best Best & Krieger, LLP
("BB&K"), to increase the not to exceed amount by $70,000, for a total not to exceed amount of
$364,000, to cover charges for continuing legal defense services regarding the Community
Youth Athletic Center ("CYAC') litigation. Said Second Amendment to the Agreement is on file
in the office of the City Clerk.
ATTEST:
PASSED and ADOPTED this 15th day of May, 2012.
on Morrison,
OVED AS TO FORM:
Michael R. Dalla,'City Clerk
qrudia G
City Attor
ua Silva
Passed and adopted by the Council of the City of National City, California, on May 15,
2012 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: Councilmember Natividad.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
))
City erk of the City f National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2012-105 the City of National City, California, passed and adopted
by the Council of said City on May 15, 2012.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
lv •
MEETING DATE: May 15, 2012
AGENDA ITEM NO. 16
'EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to
execute a Second Amendment to the Agreement for Legal Defense Services between the City, the
Successor Agency to the Community Development Commission as the National City Redevelopment
Agency, and Best Best & Krieger, LLP, to increase the not to exceed amount by $70,000, for a total
amount of $364,000
PREPARED BY: Claudia Gacitua Silva DEPARTMENT: City Attorney
PHONE: Ext. 4222
EXPLANATION:
Please see attached staff report.
APPROVED BY:
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. APPROVED: MIS
Funds are budgeted in Account 511-445-460-213-0000.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt proposed resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
aff report
Second Amendment to the Agreement with BB&K for Legal Services
Proposed resolution
V.`. zkew
STAFF 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. And, the City
and Successor Agency (formerly the CDC) have appealed the Court's award of attorney's fees
totaling approximately two -million dollars ($2,000,000).
Bruce Beach and Rebecca Andrews of Best Best & Krieger, LLP ("BB&K") have been
representing the City and CDC (now the SA) in this case. Given the nature and length of the
case, additional funds in the amount of $70,000 are needed for the on -going appeal.
The City Council has previously approved the following:
1. Original Agreement for Legal Services between the City, CDC, and Best Best & Krieger,
LLP ("BB&K) dated November 23, 2010, in the amount of $160,000
2. First Amendment to the Agreement dated October 18, 2011, in the amount of $134,000.
This Second Amendment to the Agreement in the amount of $70,000 is necessary for the on-
going appeal process, which will bring the total not -to -exceed amount to $364,000. The appeal
process is anticipated to be completed and decision rendered within the next 18 months. Because
all redevelopment agencies were dissolved by the State, this Second Amendment is between the
City, the Successor Agency to the Community Development Commission as the National City
Redevelopment Agency, and BB&K. The Second Amendment will also require the approval of
the Oversight Board to the Successor Agency prior to being effective.
RESOLUTION NO. 2012 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT
TO THE AGREEMENT FOR LEGAL DEFENSE SERVICES BETWEEN
THE CITY OF NATIONAL CITY, THE SUCCESSOR AGENCY TO
THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY
REDEVELOPMENT AGENCY, AND BEST BEST & KRIEGER, LLP,
TO INCREASE THE NOT TO EXCEED AMOUNT BY $70,000,
FOR A TOTAL AMOUNT OF $364,000
WHEREAS, on November 23, 2010, the City Council adopted Resolution No.
2010-254, and 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 City Council adopted Resolution No.
2011-229, and 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, the Second Amendment to the Agreement in the amount of $70,000
is necessary for the on -going appeal process, which will bring the total not -to -exceed amount to
$364,000; and
WHEREAS, the Second Amendment must also be approved by the Oversight
Board to the Successor Agency prior to being effective.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement
between the City of National City, the Successor Agency to the Community Development
Commission as the National City Redevelopment Agency, and Best Best & Krieger, LLP
("BB&K"), to increase the not to exceed amount by $70,000, for a total not to exceed amount of
$364,000, to cover charges for continuing legal defense services regarding the Community
Youth Athletic Center ("CYAC") litigation. Said Second Amendment to the Agreement is on file
in the office of the City Clerk.
PASSED and ADOPTED this 15th day of May, 2012.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk Claudia Gacitua Silva
City Attorney
SECOND AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY,
THE SUCCESSOR AGENCY
TO THE COMMUNITY DEVELOPMENT COMMISSION
AS THE NATIONAL CITY REDEVELOPMENT AGENCY
AND
BEST BEST & KRIEGER, LLP
This Second Amendment to Agreement is entered into this 15th day of May, 2012, by
and between THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY"), THE
SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE
NATIONAL CITY REDEVELOPMENT AGENCY, a public body, corporate and politic, (the
"SUCCESSOR AGENCY"), and BEST, BEST & KRIEGER, LLP, (the "FIRM").
RECITALS
A. The CITY, the CDC and the FIRM (the "Parties") entered into an agreement on October
9, 2010, ("the Agreement") wherein the FIRM agreed to provide legal services in the
defense of the case entitled Community Youth Athletic Association v. All Persons
Interested in the Matter of the Amendment to National City's Redevelopment Plan as
Adopted by Ordinance 2007-2295, Case No. 37-2007-00076404-CU-EI-CTL, in the
amount of $160,000, and subject to the terms of the Agreement.
The Parties entered into the First Amendment to the Agreement on October 18, 2011,
(the "First Amendment") to increase the not -to -exceed amount of the Agreement by
$134,000, for a total Agreement not -to -exceed amount of $294,000.
C. The case remains on -going as it is on appeal, and requires continued legal representation.
D. The Parties desire to amend the Agreement to increase the not -to -exceed amount of the
Agreement by $70,000.
E. On January 10, 2012, the City Council adopted Resolution No. 2012-15, pursuant to Part
1.85 of the California Health and Safety Code, electing for the City to serve as the
successor agency to the CDC upon the dissolution of the Redevelopment Agency.
F. On February 1, 2012, all California redevelopment agencies were dissolved, successor
agencies were established as successor agencies to the former redevelopment agencies
pursuant to Health and Safety Code Section 34173, and successor agencies are tasked
with paying, performing and enforcing the enforceable obligations of the former
redevelopment agencies.
G. This Second Amendment will require the approval of the Oversight Board to the Successor
Agency prior to being effective.
NOW, THEREFORE, the CITY OF NATIONAL CITY, THE SUCCESSOR AGENCY
TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY
REDEVELOPMENT AGENCY, AND BEST BEST & KRIEGER, LLP, hereto agree that the
Agreement entered into on October 9, 2010, and amended on October 18, 2011, shall be
amended by amending Article 3 (Compensation), Section C of the Agreement by increasing the
not -to -exceed amount by $70,000, for a total not -to -exceed amount of $364,000.
The parties further agree that with the foregoing exception, each and every term and
provision of the Agreement dated October 9, 2010, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
the Agreement on the date and year first above written.
SUCCESSOR AGENCY TO
THE COMMUNITY DEVELOPMENT
COMMISSION AS THE NATIONAL CITY
REDEVELOPMENT AGENCY
By:
Ron Morrison, Chairman
APPROVED AS TO FORM:
By:
Claudia G. Silva
Successor Agency Counsel
CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
By:
Claudia G. Silva
City Attorney
BEST, BEST, & KRIEGER, LLP
By: 2.0.-0/, �. 7yefa��¢
Bruce Beach, Esq. ✓✓✓✓✓✓
-2-
Second Amendment to Agreement
City of National City, Successor Agency and BBK
Indian Wells
(760) 568-2611
Irvine
(949) 263-2600
Los Angeles
(213) 617-8100
Ontario
(909) 989-8584
Bruce W. Beach
(619) 525-1335
bruce.beach@bbklaw.com
File No. 60161.00008
ids
BEST BEST & KRIEGER
ATTORNEYS AT LAW
655 West Broadway, 15tF Floor, San Diego. CA 92101
Phone: (619) 525-1300 I Fax: (619) 233-6118 I www.bbklaw.com
May 2, 2012
Ms. Ginny Miller
Executive Assistant to the City Attorney
City of National City
1243 National City Blvd
National City, California 91950-4301
Re: Second Amendment to Legal Services Agreement
Dear Ginny:
Riverside
(951) 686-1450
Sacramento
(916) 325-4000
Walnut Creek
(925) 977-3300
Washington, DC
(202) 785-0600
As requested, enclosed are three original legal services agreements (Second Amendment
to Agreement by and between the City of National City, etc., and Best Best & Krieger, LLP,
which have been executed by Bruce Beach. Once the agreement has been fully executed, please
provide a copy for our file.
Should you have any questions regarding the above, please contact us at your
convenience. Thank you.
Very truly yours,
an R► -bal
Legal Askstant t. 5 ruce W. Beach, Esq.
of BEST BEST & KRIEGER LLP
BWB:wjr
Enclosures
60161.00008\7-10150,11
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone / 619-336-4229 fax
May 22, 2012
Mr. Bruce Beach
Best, Best & Krieger, LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
Dear Mr. Beach,
On May 15th, 2012, Resolution No. 2012-105 was passed and adopted by the City
Council of the City of National City and Resolution No. 2012-10 was passed and adopted
by the Successor Agency to the Community Development Commission as the National
City Redevelopment Agency, authorizing execution of a Second Amendment to an
Agreement with Best, Best & Krieger, LLP.
We are enclosing for your records certified copies of the above Resolutions and a fully
executed original copy of the Amendment.
Michael R. Dalla, CMC
City Clerk
Enclosures