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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />APRIL 21, 2020 <br />CLERK OF COUNCIL USE ONLY: <br />TITLE: <br />APPROVED <br />❑ <br />As Recommended <br />APPROVE AN AMENDMENT TO THE <br />ElAmended <br />❑ <br />OOrrdinance on 111 Reading <br />AGREEMENT WITH BURKE, WILLIAMS & <br />❑ <br />Ordinance on 2ntl Reading <br />SORENSEN FOR SPECIALIZED LEGAL <br />❑ <br />Implementing Resolution <br />SERVICES IN AN AMOUNT NOT TO <br />❑ <br />Set Public Hearing For_ <br />EXCEED $500,000 (GENERAL FUND) <br />CONTINUED <br />TO <br />/s/Kristine <br />CITY MANAGER <br />�1��►U1�1:3q:7 <br />RECOMMENDED ACTION <br />Authorize the City Manager to execute an amendment to the legal services agreement with the law <br />firm of Burke, Williams & Sorensen, LLP ("BWS") to increase the agreement from $50,000 to <br />$500,000 for litigation matters concerning the abatement of public nuisances for a two-year term <br />with an optional one-year extension, subject to non -substantive changes approved by the City <br />Manager and the City Attorney. <br />DISCUSSION <br />On January 13, 2020, the City of Santa Ana ("City") filed a lawsuit in Orange County Superior <br />Court, naming as defendants the Orange County Association for Mental Health, doing business as <br />Mental Health Association of Orange County ("MHA"), and BT Investment Properties, LLC, which <br />is the owner of the property in question. By this action, the City is seeking to address the negative <br />impacts to the public health, safety and welfare created by the operation of the Homeless Multi - <br />Service Center by MHA. The City also seeks that the Homeless Multi -Service Center operated by <br />MHA comply with the City's zoning code. <br />Sheppard Mullin, a large nationwide law firm, is representing MHA, pro bono. On Mach 12, 2020, <br />MHA filed an answer to the City's complaint and a cross -complaint for declaratory and injunctive <br />relief. On April 7, 2020, the City was served with a Motion to Intervene by Disability Rights California <br />on behalf of three of their clients that allege they would be negatively affected if MHA were closed <br />as a result of the City's lawsuit. These filings show the difficulty and complexity of the issues <br />involved and the need for outside resources. <br />The law firm of Burke, Williams & Sorensen, LLP (BWS) is a well -regarded, municipal law firm <br />specializing in litigation and abatement of public nuisances. BWS was selected from a pool of <br />several firms based on its resources, expertise, and understanding of the pertinent legal and factual <br />issues. BWS has more than 100 attorneys and 10 offices in California. The firm specializes in <br />municipal law with a particular emphasis on litigation and abatement of public nuisances. The City <br />#35393v2 <br />25K-1 <br />