HomeMy WebLinkAbout1973-06 CRA
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RESOLUTION 73-6
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA, CALIFORNIA,
RETAINING SPECIAL COUNSEL FOR REDEVELOPMENT
LITIGATION
---- _. W~E~EAS, a suit has been filed in the Superior Court of the
~alifornia for the County of Orange, against the Commun-
ity Redevelopment Agency of the City of Santa Ana and the City of
Santa Ana, by Joseph L, Gilmaker, Case No, 206 253; and
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WHEREAS, it is desirable to retain special counsel, Eugene
B, Jacobs, to represent the Community Redevelopment Agency of
the City of Santa Ana, in defeating the aforedescribed litigation.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA, that the certain agreement
between the Community Redevelopment Agency and Eugene B. Jacobs
dated the 1st day of Octobèr ,1973, is approved, and the
Mayor as thelChairman of the Redevelopment Agency is authorized
to sign said agreement for and on behalf of the Redevelopment
Agency,
APPROVED AND ADOPTED
October
, 1973.
APPROVED AS TO LEGAL FORM AND ADEQUACY this ~ day of
Septembe r , 1 973 .
ity Attorney
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I hereby cer fy that the foregoing Resolution duly adopted
by the Communi edevelopment Agency of the City of Santa Ana,
California, at a regular meeting thereof, held on the 1st day of
October, 1973, by the following vote of the Agency:
AYES, Members: Griset. Ward, Yamamoto, Garthe
NOES, Members: Evans
ABSENT, Members: Patterson, Markel
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SEC RET ARY
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AGREEMENT FOR LEGAL SERVICES FOR LITIGATION
THIS AGREEMENT is entered into this I ~day of (J?~
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1973, by and between the COMMUNITY REDEVELOPMENT AGENCY of the City
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of Santa Ana, hereinafter referred to as the "Agency", and EUGENE
B. JACOBS, an individual engaged in the practice of law in the
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City of Los Angeles, State of California, hereinafter referred to
as "Special Counsel."
WIT N E SSE T H:
WHEREAS, certain litigation entitled, JOSEPH L. GILMAKER,
Plaintiff
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
vs.
SANTA ANA, a public body, corporate and politic; CITY OF SANTA
ANA, a municipal corporation; AND ALL PERSONS INTERESTED IN THE
MATTER OF THE VALIDITY OF THE REDEVELOPMENT PLAN OF THE CITY OF
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SANTA ANA REDEVELOPMENT PROJECT AREA, Defendant; Case No. 206253,
filed in the Superior Court of California, County of Orange, on
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August 31,1973, which litigation seeks, "To determine the le-
gality and validity of proceedings taken in the adoption of the
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City of Santa Ana Redevelopment Plan, and to declare said Rede-
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velopment Plan to be illegal, null and void and of no effect;"
and
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WHEREAS, the Agency desires to engage Special Counsel to
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represent Agency and the City of Santa Ana in said litigation,
including any ensuing appeals or subsequent litigation challeng-
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ing the validity of the Redevelopment Plan for the City of Santa
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Ana Redevelopment Project Area.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
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FOLLOWS:
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SCOPE OF SERVICES
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Special Counsel agrees to perform all legal services in con-
nection with the above-identified litigation in lower or trial and
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appellate courts.
Special Counsel has already commenced services on this liti-
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gation, and shall expedi,tiously complete such services in accor-
dance with this Agreement.
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The City Attorney of the City of Santa Ana, James A. Withers,
and the Assistant City Attorney of the City of Santa Ana, Charles
J. Liberto, shall be co-counsel of record with Special Counsel,
in the above-identified litigation in lower or trial and appellate
courts.
Special Counsel shall forward to the Santa Ana City At-
torney copies of all documentation pertaining to the above-iden-
tified litigation either in lower or trial and appellate courts.
II.
COMPENSATION
Special Counsel shall be compensated for services rendered
under this Agreement in accordance with the following schedule:
Special Counsel. . $75 Per Hour
Senior Attorneys . $60 Per Hour
Junior Attorneys. . . . . . $50 Per Hour
Law Clerks and Legal Assistants $30 Per Hour
For travel, subsistence, and other out-of-pocket expenses
authorized by the Agency in connection with the performance of
duties under this Agreement including but not limited to:
(a)
The amount of the actual cost of transporta-
tion by common carrier or at the rate of
fifteen (15) cents per mile, if travel is
performed by privately owned automobile.
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(b)
Subsistence expenses, supported by detailed
records in the amount of the actual cost
but in no event to exceed $40 per day.
(c)
Taxi fares, long distance telephone calls,
and similar items in the amount of the actual
costs.
(d)
For filing costs, witness fees, expenses of
service of process; court reporter's charges,
jury fees, and similar costs relating to
litigation and generally chargeable to the
client.
Special Counsel shall not be reimbursed for secretarial or
typist services nor for normal office operating expenses.
III.
METHOD OF PAYMENT
Within ten (10) days after the first of each calendar
month, Special Counsel shall submit a verified statement con-
taining a breakdown of services performed by date and number
of hours, itemization of travel, subsistence and other expenses
related thereto.
IV.
INTEREST OF SPECIAL COUNSEL
Special Counsel covenants that he presently has no interest
and shall not acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance of
his services hereunder, and that in the performance of this
Agreement no person having any such interest shall be employed
or associated with him.
V.
FINDINGS CONFIDENTIAL
All of the reports, information, data, etc., prepared or
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assembled by Special Counsel under this Agreement are confiden-
tial, and Special Counsel agrees they shall not be made available
to any individual or organization without the prior written ap-
proval of the Agency.
VI.
RIGHT OF TERMINATION
This Agreement may be terminated by either party on thirty
(30) days written notice to the other, the effective date of
cancellation being the 30th day of said written notice with-
out further action by either party.
IN WITNESS WHEREOF, the Agency and Special Counsel have
executed this Agreement as of the date first hereinabove set
forth.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF SANTA ANA
By
B~~~~
for Thomas J. Andrusky,
Secretary
SPECIAL COUNSEL
Attorney
Assistant City Attorney
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