Legislative Public Meetings

File #: 16-0957   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 10/25/2016
Title: Approve the Second Amendment to Outside Counsel Agreement with Goldfarb Lipman for Litigation Services pertaining to the three lawsuits related to the dissolution of the Redevelopment Agency.
Attachments: 1. Draft Second Amendment to Outside Counsel Agreement
SUBJECT
Title
Approve the Second Amendment to Outside Counsel Agreement with Goldfarb Lipman 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 Second 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 Matasantos (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 Second Amendment is needed to cover the costs associated with the filing of the opening and reply briefs in the appeal of Sunnyvale #3, and to have sufficient funding for the costs associated with oral arguments in Sunnyvale #1, #2 and #3 when scheduled. These costs are estimated to be approximately $40,000.

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, and the First amendment was entered into in April 2016, with a current not to exceed amount of $160,000. The term of the amended Agreement expires on May 19, 2019.

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 #...

Click here for full text