Title
Subject: Bermuda Building Eminent Domain Litigation
From: Office of the City Attorney
Recommendation: Adopt an Agency Resolution authorizing payment of an amount not to exceed $395,000.00 for the attorney's fees and costs portion of judgement in the matter of Oakland Redevelopment Agency v. Martin, et al., San Francisco Superior Court No. 301255
Body
CITY OF OAKLAND #4 %
EJ' J-1 @" - '] (' @ i 1-9: 2 2
ONE FRANK H. OGAWA PLAZA e 6TH FLOOR a OAKLAND, CALIFORNIA 94612
Office of the City Attorney (510) 238-3601
John A. Russo FAX: (510) 238-6500
TDD: (510) 839-6451
July 15, 2003
HONORABLE OAKLAND REDEVELOPMENT AGENCY BOARD
Oakland, California
Chairperson De La Fuente and Members of the Agency Board:
Subject: OAKLAND REDEVELOPMENT AGENCY V. MARTIN, ET
AL., SAN FRANCISCO SUPERIOR COURT NO. 301255
(THE BERMUDA BUILDING EMINENT DOMAIN
LITIGATION)
Pursuant to Section 401 of the Charter, the City Attorney recommends authorizing
payment of that portion of the judgment allocated for the owners/defendants' attorney's
fees and costs of litigation in the above-entitled matter. The Agency appealed the
adverse judgment in this matter. The California Supreme Court did not accept the
Agency's petition for review, thereby ending the litigation.
In order to finalize the judgment and obtain title to the Bermuda Building property,
the Agency must pay the full amount of the judgment, including the attorney's fees and
litigation costs. Failure to pay could jeopardize the Agency's taking title to the property.
The Agency previously deposited the principal amount of the judgment, plus interest,
leaving only the attorney's fees and costs of approximately $391,000 remaining to be
paid. This is the final amount to be paid on this matter absent a further claim by the
owners for costs or attorney's fees relating to the appeals.
Respectfully submitted,
City Attorney
Attorney Assigned:
Richard Illgen
ORAICOUNCIL
JUL I 5 2003
REDEVELOPMENT AGENCY-
OF THE CITY OF OAKLAND
RESOLUTION No. C.M.S.
INTRODUCED BY AGENCY MEMBER
RESOLUTION AUTHORIZING PAYMENT OF AN AMOUNT NOT
TO EXCEED $395,000 FOR THE ATTORNEY'S FEES AND
COSTS PORTION OF JUDGMENT IN THE MATTER OF
OAKLAND REDEVELOPMENT AGENCY V. MARTIN, ET AL.,
SAN FRANCISCO SUPERIOR COURT NO. 301255 (THE
BERMUDA BUILDING EMINENT DOMAIN LITIGATION)
WHEREAS, the Oakland Redevelopment Agency ("Agency") commenced
condemnation litigation against the owners of the property located at 2150
Franklin Street, Oakland (the site of the former Bermuda Building, Oakland
Redevelopment Agency v. Martin, et al., San Francisco Superior Court No.
301255);
WHEREAS, at the conclusion of trial, judgment was entered against the
Agency in the amount of $3.5 million, plus interest, the owners' attorney's fees
and their litigation costs;
WHEREAS, the Agency appealed the judgment, but did not prevail on the
appeal;
WHEREAS, the Agency previously deposited the amount of the judgment
for the value of the property and outstanding interest into Court, the Agency must
now pay the judgment amount for the owners' attorney's fees and litigation costs
in order to finalize the litigation and satisfy the judgment; now, therefore, be it:
RESOLVED that the City Attorney is authorized and directed to pay the
owners' attorney's fees and litigation costs as set out in the judgment in San
Francisco Superior Court No. 301255 in an amount not to exceed $395,000;
ORA/COUNCII
JUL I 5 2003
FURTHER RESOLVED that the City Attorney is authorized and directed
to take all further actions as are needed to finalize and satisfy the judgment in
San Francisco Superior Court No. 301255.
IN AGENCY, OAKLAND, CALIFORNIA, JULY 15,2003
PASSED BY THE FOLLOWING VOTE:
AYES- BROOKS, BRUNNER, CHANG, NADEL, QUAN, REID, WAN, AND
CHAIR PERSON DE LA FUENTE
NOES-
ABSENT-
ABSTENTION-
ATTEST:
CEDA FLOYD
City Clerk and Clerk of the
Council of the City of Oakland,
California
309414-1
Cb&A#C!L
JUL I 6 2003