BURBANK REDEVELOPMENT AGENCY

Tuesday, August 23, 2005

Agenda Item - 3

 

 

City Attorney�s Office

City of Burbank

Dennis A. Barlow, City Attorney

Memorandum

 

 
DATE: August 23, 2005
TO:

Honorable Mayor and Members of the Council

Honorable Chair and Members of the Redevelopment Board
FROM: Mary F. Riley, Senior Assistant City Attorney
SUBJECT:

Authorizing the engagement of Cox, Castle & Nicholson for environmental legal assistance related to the Empire Interchange project and approving the execution of a Cooperation Agreement between the City and the Redevelopment Agency.

INTRODUCTION

 

The purpose of this item is to request the City Council and the Redevelopment Agency Board to 1) authorize the City Attorney to hire Cox, Castle & Nicholson LLP for environmental legal assistance related to the Empire Interchange project; and 2) approve a Cooperation Agreement between the Agency and the City which allocates the payment of such legal fees between the two separate legal entities.

 

BACKGROUND AND ANALYSIS
 

As part of the Empire Center entitlements, Zelman Retail Partner, Inc. (�Zelman�) is obligated to dedicate a portion of its property (approx. two acres) to the City, which will be used for the Empire Interchange project, a Caltrans construction project. At the time of the execution of the development agreement, Lockheed�s Vapor Extraction System (�VES�) was expected to have been completed and removed from the dedicated property area.  Unfortunately, it remains in operation and the actual infrastructure of the VES is physically inconsistent with the proposed street improvements/freeway improvements.

 

Because of the unanticipated issues related to the VES and other soil related matters coupled with the strict time schedule of the Caltrans project, the City Attorney�s Office desires to engage the legal services of Cox, Castle, and Nicholson LLP, primarily Robert Doty, a partner of the firm, to assist in legal matters related to environmental matters. Such work will include assistance in the investigation and planning for the environmental cleanup work (if necessary) in conjunction with certain roadway and interchange improvements to be constructed at Empire Avenue and the Interstate 5. Payment of these services shall not exceed $40,000, and the costs shall be allocated between the City and the Agency pursuant to a Cooperation Agreement.

 

RECOMMENDATION

 

Staff recommends that the City Council and the Redevelopment Agency Board each authorize the City Attorney to hire Cox, Castle & Nicholson LLP for environmental legal assistance related to the Empire Interchange project; and each approve a Cooperation Agreement to allocate the payment of such legal fees between the Agency and the City.

 

           

 

go to the top