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Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 7, 2021
TOPIC: Approve Second Amendment with Burke, Williams & Sorensen to Amend the
Term and Compensation to Not Exceed $950,000
AGENDA TITLE:
Approve a Second Amendment for Specialized Legal Services with Burke, Williams &
Sorensen to Amend the Term to June 30, 2023 and Set Compensation in an Amount Not
to Exceed $950,000 (General Fund)
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”) for litigation matters
concerning the abatement of public nuisances, to amend the term of the agreement to
terminate on June 30, 2023 and increase the compensation, in an amount not to exceed
$950,000, subject to non-substantive changes approved by the City Manager and the City
Attorney.
DISCUSSION
BWS was engaged by the City Council on March 4, 2020 to represent the City in
specialized nuisance cases including the City’s lawsuit against the Orange County
Association for Mental Health, doing business as Mental Health Association of Orange
County (“MHA”), and BT Investment Properties, LLC.
Sheppard Mullin, a large nationwide law firm, is representing MHA, pro bono. On March
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.
On April 21, 2020, the City Council approved a First Amendment to the Agreement to
increase the compensation for its agreement with BWS to $500,000.
The law firm of Burke, Williams & Sorensen, LLP is a well-regarded, municipal law firm
specializing in litigation and abatement of public nuisances. BWS was selected from a
Approve Second Amendment with Burke, Williams & Sorensen to Amend the Term and
Compensation to not exceed $950,000
December 7, 2021
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pool of several firms based on its deep 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 Attorney’s Office retained BWS based on
the experience and skill of its counsel.
Due to the complex, time-intensive, and rapidly evolving nature of the aforementioned
litigation and the upcoming trial date of January 24, 2022, the second amendment
amends the term from March 3, 2022 to June 30, 2023 and increases the compensation
for a total of $950,000 (Exhibit 1). This amendment provides a realistic budget for outside
counsel to vigorously prosecute the City’s action at trial, retain the necessary experts,
and take all steps necessary to protect the health and safety of the City’s residents. The
term extension encompasses the possibility of a trial continuance.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Specialized legal services during the term for this Agreement will be paid out of the
General Non-Departmental fund contractual services (Account No. 01105015-62300).
Future budget adjustments may be necessary to provide for future year costs (FY 22-
23).
Fiscal Year Accounting Unit-
Account #
Accounting Unit, Account
Description
Amount
FY 19-20 01105015-62300 Contractual Services-Professional $120,000
FY 20-21 01105015-62300 Contractual Services-Professional $280,000
FY 21-22 01105015-62300 Contractual Services-Professional $525,000
FY 22-23 01105015-62300 Contractual Services-Professional $25,000
EXHIBIT(S)
1. Second Amendment for Legal Services Agreement for Burke, Williams & Sorensen
Submitted By: Sonia Carvalho, City Attorney
Approved By: Kristine Ridge, City Manager
#163027v5
SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT WITH
BURKE WILLIAMS & SORENSEN, LLP
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on December
7, 2021, 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 entered into a First Amendment A-2020-082 on April 21, 2020 to increase the
compensation to $500,000.
C. The Parties now wish to amend the Agreement to extend the term from March 3, 2022 until June
30, 2023, and to increase the amount of compensation from $500,000 to $950,000.
The Parties therefore agree:
1. Section 6, TERM, shall be amended to extend the term of the Agreement from March 3, 2022
to June 30, 2023.
2. 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 $950,000, including any
extension periods.
3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as
amended, shall remain in full force and effect.
[CONTINUED ON NEXT PAGE]
#163027v5
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the
foregoing Agreement on the date and year first written above.
ATTEST CITY OF SANTA ANA
_______________________________ ______________________________
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM BURKE WILLIAMS & SORENSEN
LLP
Sonia R. Carvalho
City Attorney
By:___________________________ _______________________________
Sandra Schwarzmann John Welsh
Senior Assistant City Attorney Managing Partner
For