TITLE:
title
RETAINER AGREEMENTS BETWEEN THE CITY OF COSTA MESA AND BUCHALTER, A PROFESSIONAL CORPORATION FOR LEGAL SERVICES
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DEPARTMENT: CITY ATTORNEY
PRESENTED BY: KIMBERLY HALL BARLOW, CITY ATTORNEY
CONTACT INFORMATION: KIMBERLY HALL BARLOW, CITY ATTORNEY, (714) 446-1400
RECOMMENDATION:
recommendation
It is recommended that the City Council:
1. Approve the Agreements between the City of Costa Mesa and the law firm of Buchalter, a Professional Corporation in connection with the pending lawsuits entitled The Ohio House LLC v. City of Costa Mesa, United States District Court for the Central District of California, Case No. 8:19-cv-01710-JVS (GJSx) and Insight Psychology and Addiction, Inc. v. City of Costa Mesa, United States District Court for the Central District of California, Case No. 8:20-cv-00504-MEMF-JDE.
2. Authorize the City Manager and City Clerk to execute the Retainer Agreement and future authorized amendments to the Agreements and the City Attorney to take necessary steps to associate Buchalter as co-counsel in the legal matter.
3. Authorize the City Manager to appropriate additional funding amounts, as necessary, to pay legal costs above the amount budgeted for litigation costs in Non-Departmental in the Adopted FY 2022-23 Budget from unassigned fund balance in the General Fund for attorneys' services, if needed, to represent the City in these cases through completion.
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BACKGROUND:
The City has been sued multiple times relating to sober living home ordinances for the R1 and multi-family zones. M.C. Sungaila of the Buchalter firm has handled appeals in all of the cases which have been appealed to date. The case The Ohio House v. City of Costa Mesa was tried to a jury in April 2022, with the jury finding in favor of the City. The court entered judgment for the City on September 6, 2022, and an appeal is anticipated. Another case, Insight Psychology and Addiction v. City of Costa Mesa, is pending in the trial court and is being...
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