June 20, 2023
Community Development
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Lina Velasco, Director of Community Development
Subject:
Legal Services Agreement with Burke, Williams &
Sorensen, LLP
FINANCIAL IMPACT: The proposed LSA would be paid using fees collected by parties the City is negotiating with or via proceeds from disposition or lease transactions. Professional Services funds are allocated in the Community Development
budget in account string: 15061219-400206
PREVIOUS COUNCIL
ACTION:
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STATEMENT OF THE
ISSUE:
Burke, Williams & Sorensen, LLP has been supporting
the Richmond Housing Authority on recent real estate
transactions and now Community Development staff is
seeking a new legal services agreement with Burke,
Williams & Sorensen, LLP to support staff in negotiating and representing the City in other real estate transactions representing the City and the Successor Agency to the
former Richmond Community Redevelopment Agency.
AGENDA
REPORT
June 20, 2023
RECOMMENDED ACTION:
APPROVE a Legal Services Agreement with Burke,
Williams & Sorensen, LLP in the amount of $400,000, for a term ending June 30, 2026, to represent the City in real estate negotiations, including property disposition and/or leases to be paid for using deposits from negotiating
parties and/or transaction proceeds – City Attorney’s
Office/Community Development Department (Dave
Aleshire 510-620-6509/Lina Velasco 510-620-6841).
DISCUSSION:
Burke, Williams & Sorensen, LLP (“Burke”) has been representing the Richmond Housing Authority (RHA) in recent real estate transactions including the Hacienda and Nevin Plaza asset repositioning to improve and increase the supply of affordable housing in Richmond. Community Development staff is seeking support in negotiating amendments to the Metrowalk Phase 2 Disposition and Development Agreement (DDA), 12th and Macdonald DDA, the negotiation and drafting of financing agreements for a Homekey project, and also supporting future Surplus Land Act disposition or lease projects.
To expand Burke’s support from the RHA to the City and the Successor Agency, City staff is recommending a new Legal Services Agreement be executed in the amount of $400,000, for a term ending June 30, 2026, to provide for representation of the City and the Successor Agency in real estate negotiations, including property disposition and/or leases and financing documents.
Burke’s attorneys have substantial experience in such matters and provide special counsel services to numerous cities, housing authorities, and other public agencies throughout the Bay Area and California on redevelopment successor agency operational matters, real estate and affordable housing development and finance matters, and compliance with land use and related laws, including the Surplus Lands Act. In addition, the attorneys have been extremely prompt and thorough.
DOCUMENTS ATTACHED:
Attachment 1 – Burke, Williams & Sorensen, LLP Legal Services Agreement