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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />MARCH 3, 2020 <br />TITLE: <br />APPROVE LEGAL SERVICES AGREEMENT <br />WITH RUTAN & TUCKER LLP FOR LAND <br />USE AND CALIFORNIA ENVIRONMENTAL <br />QUALITY ACT LITIGATION SERVICES <br />IN AN AMOUNT NOT TO EXCEED $150,000 <br />/s/Kristine Ridge <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ <br />As Recommended <br />❑ <br />As Amended <br />❑ <br />Ordinance on 1sl Reading <br />❑ <br />Ordinance on god Reading <br />❑ <br />Implementing Resolution <br />❑ <br />Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Authorize the City Manager to execute an agreement for legal services with the law firm of Rutan <br />& Tucker, LLP ("Rutan") for land use and California Environmental Quality Act ("CEQA") litigation <br />services, effective March 3, 2020 until March 2, 2023, with a provision for a one-year extension <br />exercisable by the City Manager and City Attorney in an amount not to exceed $150,000, subject <br />to non -substantive changes approved by the City Manager and the City Attorney. <br />DISCUSSION <br />Rutan is a preeminent law firm specializing in land use, entitlements, litigation, corporate and tax <br />services, government and regulatory work, employment, and real estate services. Rutan has <br />offices in Orange County, Palo Alto, and San Francisco, California. Pursuant to this legal services <br />agreement, Rutan would be retained to defend the City of Santa Ana and Santa Ana City Council <br />in the recently filed writ of mandate alleging failure to comply with CEQA pertaining to the approval <br />of the development project at 2525 North Main Street in Santa Ana. Because Rutan provides a <br />variety of services to public and private clients throughout Orange County, the firm may need a <br />conflict waiver which is not unusual for regional law firms with expertise in CEQA and municipal <br />law. As is the City's past practice, the City Manager will sign conflict waivers, if needed. The <br />Development Agreement and applicable resolutions require the developer to defend and indemnify <br />the City in the event of litigation regarding the project. Accordingly, the developer will be <br />responsible for depositing funds with the City for payment of the legal services provided for <br />pursuant to this agreement (Exhibit 1). <br />STRATEGIC PLAN ALIGNMENT <br />Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, <br />Engagement and Sustainability, Objective 3 (facilitate diverse housing opportunities and support <br />efforts to preserve and improve the livability of Santa Ana neighborhoods). <br />25G-1 <br />