HomeMy Public PortalAbout2009.043 - LRA (08-18-09)RESOLUTION NO. 2009.043
A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE CITY
OF LYNWOOD APPROVING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF
$599,746.30 PURSUANT TO THE JULY 13, 2009 FINAL ORDER OF THE COURT
WHEREAS, in December 2006 a Complaint was filed against the City of
Lynwood ("City") and the Lynwood Redevelopment Agency ("Agency") alleging various
violations of municipal and redevelopment law, respectively (Rogel, et al, y.
Redevelopment Agency of the City of Lynwood, Case No. BS106592), and
WHEREAS, on March 17, 2009, the Agency approved a Stipulation and Order
("Settlement Order") settling certain litigation claims brought against the Lynwood
' Redevelopment Agency;. and
WHEREAS, the March 17, 2009 Court Ruling on the settlement order did not
preclude actions from the Plaintiffs' attorneys to recover reasonable attorneys' fees and
costs nor preclude the Agency from raising its financial condition in response to any
such effort by the Plaintiffs' attorney to recover litigation costs; and
WHEREAS, on July 10, 2009, the Plaintiffs' attorneys presented a claim of
$3,298,832.25 in litigation costs before the trial court and the Agency's Special Counsel,
Kane, Ballmer & Berkman opposed the claim; and
WHEREAS, on July 10, 2009, the Court issued a tentative ruling awarding the
Plaintiffs $599,746.30 in attorneys' fees, and
WHEREAS, on July 13, 2009, the Court entered the final Order granting a
reduced award of attorneys fees in the amount of $539,756.71 and costs in the amount
of $59,989.59.
NOW, THEREFORE THE LYNWOOD REDEVELOPMENT AGENCY DOES
HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: ~ ,
Section 1. That the Agency Board authorizes the pa'ymerit of~$599,746.30 in
compliance with the Court's July 13, 2009 final Order (Attachment "A").
Section 2. That the Agency approves the use of Agency unappropriated
funds and the transfer of funds to cover the expenditure as follows:
Source of Funds Amount Transfer To
Area A Tax Increment $280,000 9412 70 801 64399 Area
(Unappropriated) "A" RDA Administration
Alameda Housing $300,000 980270 801 64399
(Unappropriated) Alameda Low/Mod
Housing
Alameda Tax Increment $19,746.30 9652 70 801 64399
(Unappropriated) Alameda RDA
Administration
Total $599,746.30
Section 3. The Secretary shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED and ADOPTED this 18th day of August 2009.
Ma is T. Santillan
Chair
ATTEST:
Maria Quinonez ~ Roger al
Secretary Executive Director
APPROVED AS TO ORM:
Fred Galante
Agency Counsel
Hempe U
:ant City Manager
STATE OF CALIFORNIA )
SS.
COUNTY OF LOS ANGELES )
I, the undersigned, Secretary of the Lynwood Redevelopment Agency, do hereby
certify that the foregoing Resolution was passed and adopted by the Agency at its
regular meeting held on the 18`h day of August, 2009.
AYES: MEMBER CASTRO, FLORES, MORTON, RODRIGUEZ, AND
SANTILLAN
~ NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
aria Quinonez, Secretary
STATE OF CALIFORNIA )
SS.
COUNTY OF LOS ANGELES )
I, the undersigned, Secretary of the Lynwood Redevelopment Agency, do hereby
certify that the above foregoing is a full, true and correct copy of Resolution No.
2009.043 on file in my office and that said Resolution was adopted on the date and by
the vote therein stated. Dated this 18`h day of August, 2009.
aria Quinonez, Secretary