REPORT TO COUNCIL
SUBJECT
Title
Approve the First Amendment to Outside Counsel Agreement with Goldfarb & Lipman LLP for Litigation Services Pertaining to the Three Lawsuits Related to the Dissolution of the Redevelopment Agency
Report
REPORT IN BRIEF
Approval is requested for a First Amendment to the Outside Counsel Agreement with the law firm of Goldfarb Lipman for legal services and representation of the City in the matters of (i) Sunnyvale Successor Agency v. Ana Matosantos (Sac SC # 34-2013-800001499) ("Sunnyvale #1"); (ii) Santa Clara Office of Education et al. vs Successor Agency to the Sunnyvale Redevelopment Agency (Sac SC # 34-2013-800001627) ("Sunnyvale #2"); and (iii) Sunnyvale vs. Michael Cohen (Sac SC #34-2015-80002067) ("Sunnyvale #3"). This First Amendment is needed to cover the costs associated with the appeals of Sunnyvale #1 and #2 and pursuing an appeal in Sunnyvale #3, which are estimated to be between $50,000 to $60,000.
BACKGROUND
Karen Tiedemann, a partner in the law firm Goldfarb Lipman in Oakland, is a lawyer specializing in the areas of real estate transactions, affordable housing, nonprofit organization and environmental law. Ms. Tiedemann and her firm were retained by the City Attorney under Section 908 of the City Charter to represent the City and provide legal services, consultation and advice concerning the above referenced cases in litigation. The Agreement was entered in June 24, 2013, with a current not to exceed amount of $100,000. The term of the Agreement expires on May 31, 2016.
DISCUSSION
The Goldfarb law firm has represented the City in many matters concerning the dissolution of the Redevelopment Agency during the past years. In October 2014, the City Council gave authority by a 7-0 vote to pursue appellate review in Sunnyvale #1 and Sunnyvale #2. Sunnyvale #1 and Sunnyvale #2 involve approximately $13.8 million that the former RDA paid to the City in FY 2010-11 and 2011-12 under the 1977 Repayment Agreem...
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