HomeMy WebLinkAbout25K - AMENDMENT WITH BURKE WILLIAMS & SORENSENREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 21, 2020
CLERK OF COUNCIL USE ONLY:
TITLE:
APPROVED
❑
As Recommended
APPROVE AN AMENDMENT TO THE
ElAmended
❑
OOrrdinance on 111 Reading
AGREEMENT WITH BURKE, WILLIAMS &
❑
Ordinance on 2ntl Reading
SORENSEN FOR SPECIALIZED LEGAL
❑
Implementing Resolution
SERVICES IN AN AMOUNT NOT TO
❑
Set Public Hearing For_
EXCEED $500,000 (GENERAL FUND)
CONTINUED
TO
/s/Kristine
CITY MANAGER
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RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the legal services agreement with the law
firm of Burke, Williams & Sorensen, LLP ("BWS") to increase the agreement from $50,000 to
$500,000 for litigation matters concerning the abatement of public nuisances for a two-year term
with an optional one-year extension, subject to non -substantive changes approved by the City
Manager and the City Attorney.
DISCUSSION
On January 13, 2020, the City of Santa Ana ("City") filed a lawsuit in Orange County Superior
Court, naming as defendants the Orange County Association for Mental Health, doing business as
Mental Health Association of Orange County ("MHA"), and BT Investment Properties, LLC, which
is the owner of the property in question. By this action, the City is seeking to address the negative
impacts to the public health, safety and welfare created by the operation of the Homeless Multi -
Service Center by MHA. The City also seeks that the Homeless Multi -Service Center operated by
MHA comply with the City's zoning code.
Sheppard Mullin, a large nationwide law firm, is representing MHA, pro bono. On Mach 12, 2020,
MHA filed an answer to the City's complaint and a cross -complaint for declaratory and injunctive
relief. On April 7, 2020, the City was served with a Motion to Intervene by Disability Rights California
on behalf of three of their clients that allege they would be negatively affected if MHA were closed
as a result of the City's lawsuit. These filings show the difficulty and complexity of the issues
involved and the need for outside resources.
The law firm of Burke, Williams & Sorensen, LLP (BWS) is a well -regarded, municipal law firm
specializing in litigation and abatement of public nuisances. BWS was selected from a pool of
several firms based on its resources, expertise, and understanding of the pertinent legal and factual
issues. BWS has more than 100 attorneys and 10 offices in California. The firm specializes in
municipal law with a particular emphasis on litigation and abatement of public nuisances. The City
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Amendment to Legal Services Agreement — Burke, Williams & Sorensen
April 21, 2020
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Attorney's Office has recommended the retention of BWS based on the experience and skill of its
counsel.
The City entered into Agreement #N-2020-065 with BWS on March 4, 2020, to serve as special
legal counsel to represent the City in the following matter: City of Santa Ana v. OC Association for
Mental Health, et al., Orange County Superior Court Case No. 30-2020-01124174-CU-MC-CJC.
The Agreement is for a two-year term from March 4, 2020 through March 3, 2022 and has a total
not -to -exceed amount of $50,000. The Agreement is current and in effect.
Due to the complex and rapidly evolving nature of the aforementioned litigation, the total amount
of the proposed amendment increases the total amount to be expended under the Agreement from
$50,000 to $500,000 (Exhibit 1). This amendment provides a realistic budget for outside counsel
to vigorously prosecute the City's action and take all steps necessary to protect the health and
safety of the City's residents.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal No. 5, Objective 4, to support
neighborhood vitality and livability.
FISCAL IMPACT
Specialized legal services during the term for this Agreement will be paid out of the City Manager
Enforcement Services (Account No. 01203010-62300) and General Non -Departmental contractual
services (Account No. 01105015-62300) funds. Future budget adjustments may be necessary to
provide for future year costs (Fiscal Years 20-21 through Fiscal Years 2021-22).
Fiscal Year
Accounting Unit-
Account #
Accounting Unit, Account Description
Amount
FY 19-20
01203010-62300
Contractual Services -Professional
$120,000
FY 20-21
01105015-62300
Contractual Services -Professional
$280,000
FY 21-22
01105015-62300
Contractual Services -Professional
$100,000
Exhibit: 1. First Amendment for Legal Services Agreement for Burke, Williams & Sorensen
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FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT WITH
BURKE WILLIAMS & SORENSEN, L.LP
THIS FIRST AMENDMENT to the above -referenced agreement is entered into on April 21, 2020,
by and between Burke Williams & Sorensen, LLP ("Attorneys"), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California ("City"), collectively referred to as the "Parties".
RECITALS
A. The Parties entered into Agreement No. N-2020-065, dated March 4, 2020, by which Attorneys
agreed to provide legal services to the City ("Agreement"). The original term of the Agreement
was for a two-year term until March 3, 2022, with an option to extend the term of the
Agreement for up to one (1) year. The Agreement is current and in effect.
B. The Parties now wish to amend the Agreement and increase the amount of compensation.
The Parties therefore agree:
1. Section 2.b., Compensation for Services Rendered, is amended to read as follows:
The total sum to be expended under this Agreement shall not exceed $500,000, including any
extension periods.
2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first written above.
ATTEST
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
By:-
San a chwa amr
Senior Assistant City Attorney
CITY OF SANTA ANA
Kristine Ridge
City Manager
BURKE WILLIAMS & SORENSEN
LLP
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