HomeMy WebLinkAboutAgenda Statement 1979/12/11 Item 01a, 01b. CITY OF CHULA VISTA
Item No. 'la ,, lb
COU~JCIL/AGENCY AGE~Jp,A ST.~TEME~VT 12/11/79
For meeting of
Resolution 9 88 9 a) Approving an Agreement with the
ITEM TITLE Resolution ~ ,Z ; Pacific Legal Foundation (Council)
b) Appropriating Funds for Litigation Expenses
Connected with the Coastal Commission Suit (Agency)
SUBMITTED BY Community Development Director ~ 1
ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES X NO )
It is recommended that prior to consideration of the two resolutions, an Executive
Session be held. Representatives of Pacific Legal Foundation (PLF), our City
Attorney and Special Counsel for redevelopment, Mr. Reed, suggest that a discussion
of the aspects of the litigation be held before the items are acted upon.
BACKGROUND
The City Council is party to the litigation inasmuch as the Local Coastal Program
(LCP) for the Bayfront was an instrument of the City. Over 95% of the LCP consists
of the Bayfront Project; therefore, funding as well as legal services have been
provided from project funds. It is for this reason that the Council is asked to
approve the arrangement with Pacific Legal Foundation and that the Agency is asked
to appropriate the funds.
On November 13, the City Council by Resolution 9846, authorized the filing of a
lawsuit c~allenging the State Ooastal Commission action of September 18th. This
action, in effect, denied us the opportunity to implement our Bayfront Plan. Our
action was filed in San Diego Superior Court on November 16, 1979 by Mr. Reed and
the Pacific Legal Foundation on behalf of the City.
DISCO SSION
Pacific Legal Foundation has provided Mr. Reed a letter dated November 28, 1979.
Said letter, included as Exhibit "A", outlines the duties and function of the
foundation with respect to the court action. Cost for their services as co-counsel
are limited to out-of-pocket expenses such as travel, and not for compensation of
PGD_as (continued on page 2)
EXHl~lls
Agreement Resolution x Ordinance Plat Notification List
Other PLF letter ENVIRONMENTAL DOCUMENT: Attached Submitted on
FINANCIAL IMPACT
STAFF RECOMMENDATION
City Council: Adopt resolution
Redevelopment Agency: Appropriate Bayfront/Town Centre bond funds in the amount
of $20,000 to cover expenses related to the litigation.
BOARD/COMMISSION RECOMMENDATION
COUNCIL ACTION
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D~~.~u ~ ~._~~ -~ y
Form A-113 (Rev. 5/77)
Item No. la, lb
For meeting of
12/11/79
Page 2
of personnel. In addition, PLF will assume primary responsibility for the liti-
gation with Mr. Reed representing us and having the opportunity for local review
and direction. Mr. Reed, in accordance with our present agreement with him,
works under the aegis of the City Attorney; thus, Mr. Lindberg will also be a
party to the action without having to be directly involved.
It is expected that cost for the litigation will include travel, meals and
lodging away from Sacramento for members of PLF, and for our staff and Counsel
away from Chula Vista. Cost for Special Counsel services should also be reim-
bursed from this new appropriation since this action was not anticipated when
the current operating budget was approved. Further, as a trial date moves closer
to reality, it will be necessary to ask our consultants to provide input and aid
~n discovery.
Our best esimate of cost for the above is $20,000. l~Je have no idea of the length
of time that will be required to pursue this action. We only know that the cost
to litigate this suit without PLF would be most expensive. The quality of the
foundation, coupled with the experience of their staff and their national repu-
tation, would call for some of the highest rates charged by the leading West
coast firms. If costs are to substantially change, Agency action will be re-
quired to increase the appropriated amount. On the other hand, should these
costs be less, they will be refunded to the bond fund.
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RECE6'~E~ ~ ~ r; €~ ~ 1979
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455 Capitol Mall, Suite 600 Sacramento, California 95814 • Telephone (916) 444-0154
December 6, 1979
Mr. Clifton
652 H Street
Chula Vista,
Dear Cliff:
E. Reed
CA 92010
Re: City of Chula Vista v. California
Coastal Commission
Pursuant to our telephone conversation of November 26, 1979, I
am setting forth herein our understanding as to the terms upon
which Pacific Legal Foundation will serve as co-counsel in the
above referenced litigation.
1. Pacific Legal Foundation, pursuant to Resolution
No. 9846, accepts the request of the City Council of the City
of Chula Vista that it serve as co-counsel in the above
referenced litigation.
2. It is understood that Pacific Lega.t Foundation
shall be reimbursed for all expenses incurred J_i1 representing
the City of Chula Vista in said litigation, payable monthly in
arrears. The city shall not be obligated to provide PLF with
any attorneys' fees for its participation in said litigation.
This understanding shall not prohibit PLF from accepting a
court award of attorneys' fees in said litigation.
3. PLF will assume primary responsibility for repre-
sentation. of the city in the subject litigation and shall be
responsible for preparation of all briefs and pleadings to be
filed in the m~~tter. PLF will provide the opportunity for review
of all briefs <:.nd. pleadings by Mr. Clifton E. Reed and the City
Attorney prior tc their filing.
4. All communications from counsel for defendants
relating to the subject litigation shall be directed to the
offices of the Pacific Legal Foundation and specifically to
Mr. Thomas E. Hookano, Ms. Elleene A. Kirkland, or Mr. Howard E.
Sunman.
t// ~~ ~ Washington, D.C. Office: 1990 M Street, N.W., Suite 550 • Washington, D.C. 20036 • (202) 466-2686
f Seattle Liaison Office: 215 Columbia St. • Seattle, WA 98104 • (206) 447-7264
Mr. Clifton E. Reed
December 6, 1979
Page 2
5. While it is understood that Pacific Legal Foundation
will serve as lead counsel in the subject litigation, it is also
understood that PLF will seek the concurrence of Mr. Clifton E.
Reed and the City Attorney regarding the direction to be taken
in the subject litigation.
It is requested that you obtain an appropriate order by the city
approving the terms set forth herein. We look forward to hearing
from you and are extremely enthusiastic about our participation
in this case.
Very truly yours,
~>~/Ld'~n~'t'~~~ ~j.
THOMAS E. HOOKANO
Attorney for Petitioner and
Plaintiff
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