July 2, 2024
City Attorney's Office
DATE: July 2, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject: Second Amendment to the Legal Services Agreement with Goldfarb & Lipman LLP for land use matters, including
Denham II litigation.
FINANCIAL IMPACT: This amendment will be for $150,000, with a total amount not to exceed $525,000 and term ending June 30, 2025.
It will be paid from the Risk Management General
Liability Fund GL-50182316-400554.
PREVIOUS COUNCIL
ACTION:
June 22, 2021 $300,000
June 27, 2023 $75,000
STATEMENT OF THE
ISSUE:
The City Attorney requires approval of a second
amendment to the agreement with Goldfarb & Lipman
LLP to ensure appropriate legal representation and
advice on land use matters, including Denham II
litigation, as wells as CEQA and SB 330 claims as
directed by the City Attorney.
RECOMMENDED ACTION:
APPROVE a second amendment to the legal services
agreement with Goldfarb & Lipman LLP, and increase the
compensation by $150,000 for an amount not to exceed
$525,000 – City Attorney’s Office (Dave Aleshire 510-
620-6509/Shannon Moore 510-620-6505).
AGENDA
REPORT
July 2, 2024
DISCUSSION:
To ensure the City of Richmond (COR) continues to receive specialized advice and appropriate legal representation in land use litigation, including CEQA litigation and SB 330 claims, the City Attorney’s Office is requesting an amendment to the legal services agreement with Goldfarb & Lipman LLP (G&F).
G&F has been providing advice and representing the COR in land use litigation since June of 2021. The law firm has the experience and expertise necessary to continue to advise and represent the COR in pending and future land use litigation.
Specifically, G&F has extensive experience in writ challenges to government actions and litigation in the areas of eminent domain, land use (including the Housing Accountability Act), housing elements, fair housing, public records, inclusionary ordinances, CEQA, inverse condemnation, and redevelopment agency challenges, and it frequently advises and counsels public agencies before litigation.
In addition to providing COR with advice and counsel relating to land use, G&F is currently representing the City in Denham, LLC, et al. v. City of Richmond, et al., Contra Costa County Case No. MSN21-0849 (“Denham II”). While the court has denied the Petitioners/Plaintiffs’ writ of mandate, there are still non-writ causes of action that remain subject to litigation and for which COR requires the legal services of G&F. As such, additional funds are needed so that G&F can continue its representation of the COR.
The City Attorney’s Office requests approval of this second amendment to the legal services agreement with Goldfarb & Lipman LLP to increase the compensation in an amount not to exceed $150,000, for a total contract amount of $525,000 for a contract term of June 1, 2021 to June 30, 2025.
DOCUMENTS ATTACHED:
Attachment 1 – Second Amendment to the agreement with Goldfarb & Lipman LLP (proposed)
Attachment 2 – First Amendment to agreement with Goldfarb & Lipman LLP Attachment 3 – Original agreement with Goldfarb & Lipman LLP