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City Attorney's Office <br />www.santa-ana.org/city-attorneys-office <br />Item # 24 <br />or City of Santa Ana <br />20 Civic Center Plaza, Santa Ana, CA 92701 <br />Staff Report <br />July 18, 2023 <br />TOPIC: Approve Legal Services Agreement with Burke, Williams & Sorensen, LLP for a <br />Three -Year Term and Compensation not to Exceed $500,000 <br />AGENDA TITLE <br />Approve a Specialized Legal Services Agreement with Burke, Williams & Sorensen, <br />LLP for a Three -Year Term and Compensation not -to -Exceed $500,000 (General Fund) <br />RECOMMENDED ACTION <br />Authorize the City Manager to execute a legal services agreement with the law firm of <br />Burke, Williams & Sorensen, LLP ("BWS") for litigation matters concerning the <br />abatement of public nuisances for a three-year term to terminate June 30, 2026 and <br />compensation in an amount not to exceed $500,000, subject to non -substantive <br />changes approved by the City Manager and City Attorney. <br />DISCUSSION <br />BWS was previously engaged by the City Council on March 4, 2020 to represent the <br />City in specialized nuisance cases, including the City's lawsuit against the Orange <br />County Association for Mental Health ("MHA") concerning the operation of their multi- <br />service center at 2416 S. Main Street in the City. This case, filed in January 2020, is <br />complex and has been litigated heavily in the succeeding three plus years. MHA has <br />been represented, pro bono, by Sheppard Mullin, a large nationwide law firm. Disability <br />Rights California, a legal non-profit, intervened and joined the case in April 2020, on <br />behalf of three clients who allege they would be negatively affected if MHA were closed <br />as a result of the City's lawsuit. Due to COVID-19-related delays and subsequent <br />appellate review sought by the Defendants, the trial in this matter was not able to <br />commence until June 7, 2023. <br />The law firm of Burke, Williams & Sorensen, LLP is a well -regarded, municipal law firm <br />specializing in litigation and abatement of public nuisances. BWS was previously <br />selected from a pool of several firms based on its deep resources, expertise, and <br />understanding of the pertinent legal and factual issues. BWS has more than 100 <br />attorneys and 10 offices in California. The City Attorney's Office retained BWS based <br />on the experience and skill of its counsel. <br />