According to the Burbank Charter, section 11, upon the recommendation of the City Attorney, the City Council may employ special counsel to assist the City Attorney and provide for the compensation of such counsel.  The City Attorney recommends that the Council authorize the City Attorney to retain the services of special legal counsel for purposes of assisting the City Attorney in the litigation arising out of construction defects in the Police-Fire Headquarters facilities, entitled City of Burbank v. Kajima  Construction, et al., Orange County Superior Court Case No. 04CC12505.  The City Attorney has recommended the retention of attorney Michael Baker and the law firm of Atkinson, Andelson, Loya, Ruud, & Romo and an appropriation of $500,000 for that purpose.  The City Attorney will approve a legal services retention agreement consistent with the direction of the City Council in closed session.

Fiscal Impact

Funds to pay for the services of the special counsel on tax and employee benefit issues

will come from Account Number 530.ND000.30004.0000.000000 (Unappropriated Fund Balance) and be appropriated to fund 30.MS04A.62070.1000 (Litigation-Plaintiff).

Recommendation

The City Attorney recommends adoption of a resolution entitled �A Resolution of the City of Burbank AUTHORIZING THE CITY ATTORNEY TO RETAIN SPECIAL LEGAL COUNSEL MICHAEL BAKER and the law firm of Atkinson, Andelson, Loya, Ruud & Romo for the purpose of associating in as counsel for the City of Burbank in the litigation entitled City of Burbank v. Kajima Construction, et al., OCSC Case No.  04CC12506 AND APPROVING AN AMENDMENT TO THE FISCAL YEAR 2006-2007 BUDGET FOR SUCH PURPOSE �

c:         Mary Alvord, City Manager

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