September 13, 2022
City Attorney's Office
DATE: September 13, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Heather Mc Laughlin, Interim Senior Assistant City
Attorney
Subject:
Fourth Amendment of the Downey Brand Agreement for
North Coast Rivers Alliance, et al. v. City of Richmond.
FINANCIAL IMPACT: This amendment will add $40,000, for a total amount not to exceed $1,125,000. This agreement is charged to the
Risk Management General Liability Fund 50182316-
400554. An appropriation of $40,000 is requested.
PREVIOUS COUNCIL
ACTION:
The original agreement began on October 6, 2020. The
first, second, third and fourth amendments were
approved by the Council most recently on May 5, 2022.
STATEMENT OF THE
ISSUE:
To ensure the City has appropriate legal representation relating to the Point Molate litigation and claims, including the existing NCRA v. Richmond litigation, additional
funds are needed.
RECOMMENDED ACTION:
APPROVE the fourth amendment to the legal service
agreement with Downey Brand for the NCRA litigation;
and APPROPRIATE $40,000 for the amendment – City
Attorney’s Office (Heather McLaughlin 510-620-6509).
AGENDA
REPORT
September 13, 2022
DISCUSSION:
Due to recent activity in the North Coast Rivers Alliance, et al. v. City of Richmond matter, additional funds are required. It is anticipated that this amount should last until the end of the year. As the City Attorney’s office works to review and reduce outside counsel costs, it is appropriate to continue the work with this firm. Downey Brand has historical knowledge that is invaluable given the turnover in City staff. It would be inefficient in time and uneconomical to switch firms at this point. Note that while Winehaven failed to close escrow under the Disposition and Development Agreement (DDA) and is currently in litigation against the City, the fees and expenses authorized herein may not be recoverable by the City.
DOCUMENTS ATTACHED:
Attachment 1 – Downey Brand Legal Services Agreement (LSA) Attachment 2 – Downey Brand First Amendment LSA
Attachment 3 – Downey Brand Second Amendment LSA
Attachment 4 – Downey Brand Third Amendment LSA
Attachment 5 – Downey Brand Fourth Amendment LSA