Resolution No. 2012-064RESOLUTION NO. 2012-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ACTING AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF VERNON
APPROVING AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR LEGAL SERVICES BY AND BETWEEN THE
CITY OF VERNON AND KANE, BALLMER & BERKMAN
WHEREAS, the City Council of the City of Vernon, as the
Successor Agency of the Redevelopment Agency of the City of Vernon
("Successor Agency") desires to retain the services of a consultant to
provide legal services to the Successor Agency in connection with the
provisions imposed by Assembly Bill No. 26 ("ABlx 26"); and
WHEREAS, the Successor Agency has determined that Kane,
Ballmer & Berkman ("KBB"), is qualified and capable of furnishing the
knowledge and expertise necessary; and
WHEREAS, the Successor Agency has determined that it is to
the Successor Agency's advantage and in the public interest of the
inhabitants of the City, to enter into an Agreement with KBB in order
to set forth the terms and conditions for the performance of the legal
services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement with Kane, Ballmer & Berkman, in substantially
the same form as the copy which is attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon'hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon, and the City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
actions are'deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed Agreement to:
Kane, Ballmer & Berkman
Attention: Gustavo Lamanna, Esq.
515 S. Figueroa Street
Los Angeles, CA 90071
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 1st day of May, 2012.
Name: William J. Davis
Title / Mayor Pro-Tem
2
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2012-64, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, May 1, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of May, 2012, at Vernon, California.
(SEAL)
- 3 -
EXHIBIT A
AGREEMENT
FOR LEGAL SERVICES
THIS AGREEMENT FOR LEGAL SERVICES (this "Agreement"), entered into this day of
April, 2012, by and between the CITY OF VERNON, a municipal corporation (hereinafter referred to as the
"City") and KANE, BALLMER & BERKMAN, a Law Corporation, authorized to practice law in California
and with principal offices in the City of Los Angeles, California (hereinafter referred to as "Special Counsel").
WHEREAS, City desires to engage the services of Special Counsel for legal services pursuant to the
terms of this Agreement.
NOW, THEREFORE, the parties hereto do hereby mutually agree as follows:
1. SCOPE OF SERVICES
Special Counsel agrees to render legal services to City when and as requested by City. Services to be
performed by Special Counsel under this Agreement may include, but are not limited to the rendering of legal
advice, initially in connection with the obligations imposed by Part 1.85 of Assembly Bill No. 26 (1st Ex.
Sess.) as set forth in California Health & Safety Code sections 34170 through 34191, and as needed thereafter
in connection therewith (the "Project!). The services include consultation pertaining to interpretation,
application and enforcement of the California law applicable to the Project as well as: furnishing of written
legal opinions; drafting and preparation of necessary legal contracts and documents; legal review and approval
of contracts and documents; attendance at local hearings or other meetings as required; and litigation services;
all as requested by City.
2. COMPENSATION
Special Counsel shall be compensated for services rendered under this Agreement in accordance with
the schedule attached hereto as Exhibit A and incorporated herein by this reference. The schedule attached as
Exhibit A may be revised from time to time by Special Counsel conditioned upon City's written consent, upon
thirty (30) days' written notice to City, consistent with Special Counsel's prevailing rates. Travel,
subsistence and other out-of-pocket expenses authorized by City in connection with the performance of duties
under this Agreement shall be reimbursed as provided in Exhibit A.
3. METHOD OF PAYMENT
Special Counsel shall, within ten (10) days after the first of each calendar month, submit a statement
to City containing a breakdown of services performed during the preceding month, specifying the services
performed, dates and number of hours, itemization of travel, subsistence and other expenses related thereto.
Page 1 of 2
Payment shall be due within thirty (30) days thereafter.
4. RIGHT OF TERMINATION
This Agreement may be terminated at any time by either party hereto on written notice to the other.
5. NOTIFICATION OF CHANGE IN FORM
Special Counsel reserves the right to effect changes in form, including, but not limited to: the change
in form from a professional corporation to a partnership; the change in form of any partner or partners from an
individual or individuals to a professional law corporation; the change in form of any corporate partner or
partners to individual partners. City shall be promptly notified in writing of any change in form.
6. PRINCH'ALS AND EMPLOYEES
The parties agree that Murray Kane and Gustavo Lamanna are "key personnel' for the purpose of this
Agreement. Key personnel will be available to the extent proposed for the duration of the services to be
provided in this Agreement. No person designated as key personnel in this Agreement shall be removed or
replaced without the prior written concurrence of the City. Notwithstanding the forgoing, the addition of new
principals or the departure of existing principals not identified as key personnel shall not effect a termination
of this Agreement. Subject to the provision concerning key personnel above, Special Counsel reserves the
right to add, substitute or delete principals, partners, associates and employees in carrying out its services
under this Agreement.
This Agreement shall be binding upon City and Special Counsel and their successors, executors,
administrators and assigns with respect to all of the covenants and conditions set forth above.
7. RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint
venture, or any other relationship between the parties hereto other than attorney and client according to the
provisions contained herein, or cause City to be responsible in any way for the debts or obligations of Special
Counsel, or any other party.
IN WITNESS THEREOF, City and Special Counsel have executed this Agreement as of the date fast
hereinabove set forth.
CITY OF VERNON
M
KANE, BALLMER & BERKMAN
Its: Its:
Page 2 of 2
EXHIBIT A
TO AGREEMENT FOR LEGAL SERVICES PROPOSED FOR THE CITY OF VERNON
Senior Principal
$250/hour
Principal
$250/hour
Senior Counsel
$225/hour
Of Counsel
$225/hour
Senior Associate
$225/hour
Associate (Senior Experience) $205/hour
Associate
$160/hour
Paralegal
$ 85/hour
Legal Assistant
$ 65/hour
CLASSIFICATION OF ATTORNEYS AND OTHER PROFESSIONALS
Name
Status
Billable Rate
Murray O. Kane
Senior Principal (Partner)
$250/hour
Royce K. Jones
Senior Principal (Partner)
$250/hour
Susan Y. Apy
Principal (Partner)
$250/hour
Bruce Gridley
Senior Counsel
$225/hour
Deborah Rhoads
Senior Counsel
$225/hour
Donald P. Johnson
Of Counsel
$225/hour
Glenn Wasserman
Of Counsel
$225/hour
Kendall Berkey
Senior Associate
$225/hour
Todd Mooney
Senior Associate
$225/hour
Guillermo Frias
Associate (Senior Experience)
$205/hour
Theodore Ballmer
Associate
$160/hour
Jhaila Brown
Associate
$160/hour
Edward Kang
Associate
$160/hour
Gustavo Lamanna
Associate
$160/hour
Travel, subsistence, and other out -of pocket expenses authorized in connection with the performance of
duties under the agreement would include, along with any other such authorized expenses:
a. The amount of the actual cost of coach class transportation by common carrier or at the per mile
rate established by the IRS, if travel is performed by privately -owned vehicle;
b. Reasonable subsistence expenses, supported by detailed records in the amount of actual costs;
C. Taxi fares, long distance telephone calls, and similar expenditures in the amount of the actual
cost;
d. Duplication costs for all copies at cost of twenty-five (25) cents per page, and facsimile costs at
one dollar (1.00) per page; and
e. Fees and costs incurred by the firm in engaging consultants and experts approved by the client.
The firm shall not be reimbursed for secretarial or typist services for normal office operating
expense, with the exception of word processing fees, but only if noted in the rate schedule. The furn shall be
reimbursed for actual litigation costs, fees and expenses, such as filing fees, expert witness fees, charges for
service of process and costs of investigation.
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
May 9, 2012
Kane, Ballmer & Berkman
Attn: Gustavo Lamanna, Esq.
515 S. Figueroa Street
Los Angeles, CA 90071
Re: Legal Services Agreement
Dear Mr. Lamanna:
Transmitted herewith is one fully executed agreement, as referenced above, approved by City
Council on May 1, 2012, through Resolution No. 2012-64.
If you have any questions regarding this matter, please call contact Alex Kung at (323) 583-8811
ext. 355.
Very ly yours,
WI ARD .
City Clerk
WGY:dj
c: Alex Kung
Mark Whitworth
Purchasing Department
Resolution No. 2012-64
Agreement File No. 12-038
E)cclusively Industrid
515 S. FIGUEROA STREET
SUITE 1850
LOS ANGELES, CALIFORNIA 90071
TELEPHONE (213) 617-0480
FAX (213) 625-0931
Via Overnite Express
Alex Kung
Assistant City Manager
City of Vernon
4305 South Santa Fe Avenue
Vernon, California 90058-1714
KANE, BALLMER & BERKMAN
A LAW CORPORATION
W W W. KBBLAW.COM
BRUCE D. BALLMER
(RETIRED)
ROBERT P. BERKMAN
(1919-2001)
May 4, 2012
Re: Agreement for Legal Services
for the Successor Agency to the Vernon Redevelopment Agency
Dear Mr. Kung:
402 WEST BROADWAY
4TH FLOOR
SAN DIEGO, CALIFORNIA 92101
TELEPHONE (619) 567-3450
FAX (619) 567-3448
Writer:
Gustavo Lamanno
gustavo@kbblow.com
Direct (213) 452-0131
File No, 422-001
We enclose the Agreement for Legal Services signed by our firm in duplicate. Kindly
ask the Mayor Pro Tempore and Mr. Yamaguchi to sign where appropriate and return one
original to our office.
'Thank you very much for your assistance.
Respectfully,
KANE, BALLMER & BERKMAN
Encls.
AGREEMENT
FOR LEGAL SERVICES
May THIS AGREEMENT FOR LEGAL SERVICES (this "Agreement"), entered into this 1st day of
A 4h 2012, by and between the CITY OF VERNON, a municipal corporation (hereinafter referred to as the
"City") and KANE, BALLMER & BERKMAN, a Law Corporation, authorized to practice law in California
and with principal offices in the City of Los Angeles, California (hereinafter referred to as "Special Counsel").
WITNESSETH
WHEREAS, City desires to engage the services of Special Counsel for legal services pursuant to the
terms of this Agreement.
NOW, THEREFORE, the parties hereto do hereby mutually agree as follows:
1. SCOPE OF SERVICES
Special Counsel agrees to render legal services to City when and as requested by City. Services to be
performed by Special Counsel under this Agreement may include, but are not limited to the rendering of legal
advice, initially in connection with the obligations imposed by Part 1.85 of Assembly Bill No. 26 (1st Ex.
Sess.) as set forth in California Health & Safety Code sections 34170 through 34191, and as needed thereafter
in connection therewith (the "Project"). The services include consultation pertaining to interpretation,
application and enforcement of the California law applicable to the Project as well as: furnishing of written
legal opinions; drafting and preparation of necessary legal contracts and documents; legal review and approval
of contracts and documents; attendance at local hearings or other meetings as required; and litigation services;
all as requested by City.
2. COMPENSATION
Special Counsel shall be compensated for services rendered under this Agreement in accordance with
the schedule attached hereto as Exhibit A and incorporated herein by this reference. The schedule attached as
Exhibit A may be revised from time to time by Special Counsel conditioned upon City's written consent, upon
thirty (30) days' written notice to City, consistent with Special Counsel's prevailing rates. Travel,
subsistence and other out-of-pocket expenses authorized by City in connection with the performance of duties
under this Agreement shall be reimbursed as provided in Exhibit A.
3. METHOD OF PAYMENT
Special Counsel shall, within ten (10) days after the first of each calendar month submit a statement
to City containing a breakdown of services performed during the preceding month, specifying the services
performed, dates and number of hours, itemization of travel, subsistence and other expenses related thereto.
Page 1 of 2
Payment shall be due within thirty (305 days thereafter.
4. RIGHT OF TERMINATION
This Agreement may be terminated at any time by either party hereto on written notice to the other.
5. NOTIFICATION OF CHANGE IN FORM
Special Counsel reserves the right to effect changes in form, including, but not limited to: the change
in form from a professional corporation to a partnership; the change in form of any partner or partners from an .
individual or individuals to a professional law corporation; the change in form of any corporate partner or
partners to individual partners. City shall be promptly notified in writing of any change in form.
6. PRINCIPALS AND EMPLOYEES.
The parties agree that Murray Kane and Gustavo Lamanna are "key personnel' for the purpose of this
Agreement. Key personnel will be available to the extent proposed for the duration of the services to be
provided in this Agreement. No person designated as key personnel in this Agreement shall be removed or
replaced without the prior written concurrence of the City. Notwithstanding the forgoing, the addition of new
principals or the departure of existing principals not identified as key personnel shall not effect a termination
of this Agreement. Subject to the provision concerning key personnel above, Special Counsel reserves the
right to add, substitute or delete principals, partners, associates and employees in carrying out its services
under this Agreement.
This Agreement shall be binding upon City and Special Counsel and their successors, executors,
administrators and assigns with respect to all of the covenants and conditions set forth above.
7. RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint
venture, or any other relationship between the parties hereto other than attorney and client according to the
provisions contained herein, or cause City to be responsible in any way for the debts or obligations of Special
Counsel, or any other party.
IN WITNESS THEREOF, City and Special Counsel have executed this Agreement as of the date first
hereinabove set forth.
CITY OF VERNON
KANE, BALLMER & BERKMAN
By d. a''.t—
Name: Murray 0. Kane
Its: President
Page 2 of 2
EXHIBIT A
EXH1131T A
TO AGREEMENT FOR LEGAL SERVICES PROPOSED FOR THE CITY OF VERNON
Senior Principal
$250/hour
Principal
$250/hour
Senior Counsel
$225/hour
Of Counsel
$225/hour
Senior Associate
$225/hour
Associate (Senior Experience) $205/hour
Associate
$160/hour
Paralegal
$ 85/hour
Legal Assistant
$ 65/hour
CLASSIFICATION OF ATTORNEYS AND OTHER
PROFESSIONALS
Name
Status
Billable Rate
Murray O. Kane
Senior Principal (Partner)
$250/hour
Royce K. Jones
Senior Principal (Partner)
$250/hour
Susan Y. Apy
Principal (Partner)
$250/hour
Bruce Gridley
Senior Counsel
$225/hour
Deborah Rhoads
Senior Counsel
$225/hour
Donald P. Johnson
Of Counsel
$225/hour
Glenn Wasserman
Of Counsel
$225/hour
Kendall Berkey
Senior Associate
$225/hour,
Todd Mooney
Senior Associate
$225/hour
Guillermo Frias
Associate (Senior Experience)
$205/hour
Theodore Ballmer
Associate
$160/hour
Jhaila Brown
Associate
$160/hour
Edward Kang
Associate
$160/hour
Gustavo Lamanna
Associate
$160/hour
Travel, subsistence, and other out -of pocket expenses authorized in connection with the performance of
duties under the agreement would include, along with any other such authorized expenses:
a. The amount of the actual cost of coach class transportation by common carrier or at the per mile
rate established by the IRS, if travel is performed by privately -owned vehicle;
b. Reasonable subsistence expenses, supported by detailed records in the amount of actual costs;
C. Taxi fares, long distance telephone calls, and similar expenditures in the amount of the actual
cost;
d. Duplication costs for all copies at cost of twenty-five (25) cents per page, and facsimile costs at
one dollar (1.00) per page; and
e. Fees and costs incurred by the firm in engaging consultants and experts approved by the client.
The firm shall not be reimbursed for secretarial or typist services for normal office operating
expense, with the exception of word processing fees, but only if noted in the rate schedule. The firm shall be
reimbursed for actual litigation costs, fees and expenses, such as filing fees, expert witness fees, charges for
service of process and costs of investigation.
DATE: April 26, 2012
TO: Honorable Mayor and City Council
FROM: M)trk C. Whitworth, City Administrator
RE: Legal Services for the Successor Agency
Background:
On June 28, 2011, the Governor signed Assembly Bill 1X 26 (AB 1X 26) limiting the activities and
potential dissolution of the Redevelopment Agencies. On July 18, 2011 the California
Redevelopment Association filed a lawsuit challenging the constitutionality of AB 1X 26 and AB 1X
27. On December, 29 2011, the California Supreme Court issued an opinion upholding AB 1X 27
and invalidating AB 1X 27 which dissolved all redevelopment agencies throughout the State of
California effective February 1, 2012.
The City, as Successor Agency, requires a law firm experienced in all facets of the dissolution of the
Redevelopment Agency and the process to wind down its activities. In reviewing several law firms
the City believes Murray Kane, of Kane, Ballmer & Berkman, has that expertise. Mr. Kane has over
fifteen (15) years of redevelopment experience with the City of Los Angeles. Mr. Kane has also
represented the redevelopment agency in Culver City, Palmdale, Huntington Beach, Santa Monica,
Indio, Moreno Valley, Pasadena, and Redondo Beach.
Recommendation
It is recommended that the City Council authorize the Successor Agency, to retain the law firm of
Kane, Ballmer & Berkman at the May 1, 2012 City Council meeting.
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: April 26, 2012
TO: Mark Whitworth, City Administrator
FROM: Willard G. Yamaguchi, Chief Deputy City Attorney
RE: Kane, Ballmer & Berkman
I have reviewed the legal services agreement with Kane, Ballmer &
Berkman received April 26, 2012.
The agreement for legal services is approved as to form.
WY:em
Enclosures
hStN 7 11%, 147i;1_A
Education:
University of California at Los Angeles
A.B.1967
J.D. 1970
Professional Experience:
Mr. Kane is a nationally prominent lawyer specializing in the practice of redevelopment law.
Mr. Kane j oined the firm in 1973 and has been a principal of the firm since 1978. He has extensive
experience in all phases of redevelopment, including the creation, organization, administration, and
dissolution of redevelopment agencies, creation of projects, relocation and owner participation,
public improvements, and land disposition. He served as General Counsel for the former
Community Redevelopment Agency of the City of Los Angeles for over fifteen (15) years and has
been primarily responsible for the firm's representation of the former Culver City, Palmdale,
Huntington Beach, Santa Monica, Los Angeles, Indio, Moreno Valley, Pasadena, and Redondo
Beach redevelopment agencies. Further, Mr. Kane advises municipalities and successor agencies
and successor housing entities of former redevelopment agencies on all facets of Assembly Bill No.
26 (2011-201218r Ex. Sess.) signed by the California Governor on June 28, 2011 in connection with
the dissolution of former redevelopment agencies, the establishment of successor agencies, successor
housing entities and oversight boards, the wind down of such agencies' business and fiscal affairs,
and the appropriate uses of former redevelopment agency funds, including tax increment, pursuant to
the California Community Redevelopment Law as amended by Assembly Bill No. 26.
Mr. Kane also served as litigation counsel on validating actions involving the Central Business
District Redevelopment Project of the City of Los Angeles, the Alpine Redevelopment Project of the
City of Tulare, the Village Redevelopment Project ofthe City of Claremont, the Redevelopment Plan
of the Community Redevelopment Agency of the City of Santa Ana, and other projects.
Among his other most noteworthy accomplishments have been:
• Creator of concept of insurability of Orders of Immediate Possession to permit conveyance
and construction financing prior to Agency property ownership.
• Advised on first use of tax increment for affordable housing. 1974-75 (Mission Inn,
Riverside and Airport Move -On Program, Los Angeles).
• Drafted redevelopment plan language as the basis for redevelopment affordable housing set
aside legislation.
• Successful adoptions of redevelopment plans under Disaster Redevelopment (Including
Whittier plan, adopted six weeks after October,1987 earthquake, and Santa Monica and five
Los Angeles Earthquake Recovery Plans adopted after January, 1994 earthquake).
Lead attorney in the negotiation and documentation of such projects as:
• Fox Hills Mall, Culver City
• Central Library Revitalization Project
• Maguire/Thomas Library Tower Project
• County of Los Angeles First Street Properties
• San Jose Convention Center Hotel
• Corporate Pointe, Culver City
• Waterfront Project, Huntington Beach
Mr. Kane is a frequent lecturer on redevelopment topics to such organizations as the League of
California Cities, the Los Angeles County Bar Association and the California Redevelopment
Association, as well as serving as periodic guest lecturer of the Schools of Law and Business (Real
Estate) of the University of Southern California. Mr. Kane has testified on the financing of
redevelopment projects before Legislative Committees of the States of California, Colorado and
Kansas. Mr. Kane has also testified as an expert witness of the subject of redevelopment in the
Superior Court of the State of California for the County of Los Angeles and the County of Napa. His
expert testimony was expressly relied upon by the California Supreme Court in Nana v. Marek, a
major case decided in favor of former redevelopment agencies of the State of California. Mr. Kane
has also been shown as counsel on the following published cases in the CEQA field:
Castaic Lake Water Agency vs. City of Santa Clarita 41 Cal. App. 4th 1257 (1995)
[Challenge to CEQA Emergency Exemption; challenge upheld in favor of our client Castaic
Lake]
Friends of Mammoth vs. Town of Mammoth Lakes (77) 82 Cal.App. 4th 511 (2000)
[Adequacy Challenge]. Petition for review denied. Request to de -publish denied.
Before joining the firm, Mr. Kane served as City Prosecutor, Assistant City Attorney and Acting City
Attorney for the City of Culver City, California.
In those capacities, Mr. Kane had personal and primary responsibility for providing legal services to
all levels of city government on all aspects of municipal law. He served as legal counsel to City
Council and Planning Commission, and prosecuted all misdemeanors occurring within the City (both
State and Municipal Code) and advised and defended the police department and its officers in civil
and criminal matters. He drifted all revisions to the Municipal Code and all City ordinances,
resolutions and contracts, and represented City and its officers and employees in state and federal
courts in many civil litigation matters, including police department matters, attacks on validity of
City ordinances and regulations, municipal finance, and personnel matters.
GUSTAVO LAMANNA
Education
J. Reuben Clark Law School, Brigham Young University — JD, December 2002
University of California, Berkeley -- AB, magna cum laude in Film Studies, May 1992
Admissions
California State Bar (2004), Bar No. 231373
Professional Experience
An associate of Kane, Ballmer & Berkman since 2005, Mr. Lamanna's practice encompasses public and
private real estate transactions and litigation, with emphasis on contract disputes, disposition and
development agreement negotiation, eminent domain, financing transactions, foreclosure prosecution and
defense, title insurance issuance and claims, and subordination issues, along with real estate broker
transactional practice, utilizing his private -sector commercial, industrial, and residential real estate
experience dating back to 1986. At the firm, Mr. Lamanna has served as:
• Sole attorney preparing and supporting municipal staff in implementation of various actions
necessary to operate successor agency operations in a municipality of over 100,000 residents.
• Sole attorney conducting mandatory continuing legal education on Assembly Bill No. 26 (2011-
2012 1" Ex. Sess.) signed by the California Governor on June 28, 2011 in connection with the
dissolution of former redevelopment agencies, the establishment of successor agencies, successor
housing entities and oversight boards, the wind down of such agencies' business and fiscal
affairs, and the appropriate uses of former redevelopment agency funds, including tax increment,
pursuant to the California Community Redevelopment Law as amended by Assembly Bill No 26.
• Sole attorney drafting and circulating all documentation necessary for dissolving redevelopment
agencies involved in asset protection for enforceable obligations.
• Sole attorney representing a public entity in negotiations for the voluntary purchase and sale of
about an entire downtown block from an asset management firm that foreclosed on a failed
commercial and residential condominium development. Succeeded in negotiating a purchase
from asset management firm requiring the condition of the property to be delivered in accordance
with all public, health, and safety requirements and entered into a negotiations agreement with an
affordable housing developer with a track record of development in that locality. Negotiated tie-
back agreements all adjoining property owners, including the State, a non-profit corporation, and
various private business property owners, including a law firm and the settlor of a family trust.
• Sole attorney representing a public entity in negotiations with the federal government and
developer involving the wind -down and closure of federal daycare facilities in a development
ground leased to a private developer and subleased to the General Services Administration.
Ensure CEQA compliance in all aspects of wind down of development and redevelopment of site
in accordance with public agency development goals. Succeeded in persuading federal
government, contract daycare operator, and developer to abide by municipal client's request for
voluntary termination of facility operations and delivery of possession without court action.
• Sole attorney representing a public entity in loss mitigation matters for affordable housing
condominium units including reinstatement of senior financing non judicial foreclosure and
negotiation of deed -in -lieu from borrower -occupant.
• Sole attorney sought by public entity clients in clearing all title insurance and transactional issues
confronted by public entities in private -sector real estate transactions. Recent successes include
vacating right-of-way along two major city blocks and bringing subordinate lender to negotiation
table in failed redevelopment transaction.
• Sole attorney litigating declaratory relief and quiet title actions for public entity's mortgage
assistance programs. Recent successes include full recovery on behalf of subordinate lender
involving borrower who changed residency to Costa Rica and non-English speaking bonafide
purchasers for value.
• Primary attorney sought by municipality seeking nonjudicial foreclosure remedies for complex
financing transactions. Recent success includes rapid loss mitigation following failed maneuvers
by prior legal counsel.
• Point attorney for various condemnation actions for a municipality; involvement includes all
facets of condemnation prosecution filings, including preparation of final offers, participate in
public hearings, advocate before Court to successfully uphold public purpose in right -to -take
challenges, interface with appraisers and review appraisers, negotiate title insurance issues, and
file and record judgments and final orders.
• Primary drafting attorney for all resolutions and documentation involving a highly contested
redevelopment plan adoption and settlement for a municipality. Ensure CEQA and municipal law
compliance. Advice upheld by State Court and California Attorney General refused intervention.
Legislature responded to public outcry by changing law.
• Assistant deputy attorney for the planning commission of a municipality.
• Primary interim corporate counsel for charter-city's non-profit development corporation. Review
and consider CEQA, Brown Act, and Public Records Act issues as and when they arose as
interim corporate counsel. Negotiating with litigious citizens in contested action involving the
public records act; legal advice upheld by State Court Judge.
• UCLA School of Law Adjunct Professor for Community Redevelopment Law and Conference
presentation panelist and moderator for members of redevelopment community.
Pro Bono Activities
Mr. Lamanna has been fortunate to be permitted to participate in the various pro bono legal pursuits,
including: (i) instructor with State and Federal judges, prominent lawyers and law professors teaching bar
review at the Pro Bono Bar Review Program —started three decades ago by the late Honorable Robert M.
Takasugi, US District Court Judge for the Central District of California. Mr. Lamanna also participates in
drafting of all documentation for the non-profit corporation, including tax-exempt applications, for the
entity to be named after the late District Judge; (ii) Pro bono trial counsel assisting low-income non-
English -speaking tenants facing wrongful evictions in privately -owned rent -control properties; (iii) Legal
advisor to non-profit corporation associated with a local religious organization in its land use issues
related to a housing facility it maintains for patients at the UCLA Medical Center; (iv) Counsel and
broker to low-income renters seeking first-time homebuyer incentives and small businesses seeking US
SBA financing. He is a class fundraising committee member forhis alma mater Loyola High School.
Admission and Affiliations
California State Bar, admitted June, 2004
American Bar Association
California State Bar Real Property Law Section
Los Angeles County Bar Association
J. Reuben Clark Law Society
Urban Land Institute
Laneuases
Native Spanish speaker —Provided translation to LASC
Writes in Spanish
Elementary Portuguese, one year University -level
Basic Italian without formal schooling
References
Judge Jon Takasugi
Bankruptcy Judge Robert Kwan
Los Angeles Superior Court
United States Bankruptcy Court
1427 West Covina Parkway
411 West Fourth Street
West Covina, CA 91790
Santa Ana, CA 92701
Personal
Gus, his wife Valerie and their daughter Nicolette reside in Westwood
Kane, Ballmer & Berkman is an AV -rated law firm with 14 attorneys and support
staff. Since its inception in 1963, the firm has been based in the City of Los Angeles and
specialized in providing legal services to municipalities, former redevelopment agencies,
development commissions, special districts, and other public entities within and outside the
State of California. In connection with this practice, the firm has provided legal services in
related substantive fields of public agency defense in tort and negligence, as well as general
and business counseling and complex case management.
The firm has a breadth of experience in complex legal matters involving public
entities, including municipal operations, municipal contract, tort defense, public contract
disputes, as well as business, finance and lease negotiations and contract advice; our practice
also includes the varied intersections of real estate law, including military base conversions,
environmental procedures and determinations (CEQA and NEPA), hazardous waste litigation
and remediation, land use and general real estate development and finance, the negotiation
and drafting of development agreements, assessment district creation, surety bonds and
public works, municipal bonds, securitization programs, property taxation and assessments,
affordable and market -rate housing, eminent domain, general municipal and trial and
appellate litigation relating to these subjects.
The firm currently represents more than three dozen public entities, mostly former
redevelopment agencies and cities located in California. A sample of current active clients of
the firm is: Culver City, Glendale, Huntington Beach, Imperial Beach, Inglewood,
Los Angeles, Ojai, Ontario, Oxnard, Palmdale, Pasadena, Redondo Beach, San Diego, San
Jose, Santa Monica and South Pasadena. The firm also represents the Oversight Board for
Solana Beach in San Diego County. The firm also represents private clients (generally
property owners and/or developers) with redevelopment and related matters in cities that are
not clients of the firm. Since 1963, the firm has represented over eighty public entities.
Our legal experience was gained by advocating on behalf of municipal clients for
over 48 years against private interests that often outnumber and overspend our public clients.
We are proud to have stood side -by -side well-heeled adverse counsel and interests. We
earned a reputation as a firm known for its expert, ethical, efficient and effective special
counsel for our public entity clients. Few firms have the experience as special counsel with
such a high volume of contentious public development projects. Far fewer firms are able to
almost exclusively limit their practice to the representation of public entities.
It is the firm's overriding objective to assist and provide each of its clients with the
level of activism most appropriate and useful to the client in order for that client to
accomplish its myriad goals and objectives. This is accomplished by drawing upon the
diverse and varied experiences of the attorneys of the firm. The firm prides itself on training
its attorneys to become partners and leaders in the field of municipal law. Many of our
attorneys have dedicated their law practice exclusively to public law, achieved noteworthy
KBB Firm Resume
Page 1 of 4
degrees in addition to their law degree, including urban economics and a West Point graduate
with Captain -rank in United States Military Police having served in Guantanamo and Seoul.
Many of our attorneys began their careers as part of city attorney offices, staff of public
agencies, and judicial extems for trial and appellate courts. Furthermore, our attorneys have
served in the capacity of planning commissioners, general counsel for public agencies,
interim corporate counsel for non-profit corporations operated by public entities, and even
the former Chief Operating Officer of the former Community Redevelopment Agency of the
City of Los Angeles. Our attorneys have also taught Community Redevelopment Law to law
students at the UCLA School of Law and provide pro bono services with judges and law
professors. Opinions of our attorneys have been relied upon by our appellate courts. Many
are sought for speaking engagements with municipal associations. Our founder, Eugene
Jacobs, and name -principal, Murray Kane, have been honored with the prestigious Lifetime
Achievement Awards by the California Redevelopment Association for their lifelong
dedication to municipal redevelopment law. Most of all, our attorney -team is comprised of
diverse down-to-earth individuals who are active members of the communities we serve.
Incident to our varied representation of public agencies over the last five decades,
Kane, Ballmer & Berkman has gained a unique expertise tort and negligence litigation,
general and business counseling and complex case management. As our clients trust our firm
with some of the most important legal matters, their attorneys, public officials, and senior
staff have sought out our legal advice matters where we have provided tort defense as well as
prosecution for false claims; we have also regularly advised numerous public clients on
general legal and business matters on an ongoing and regular practice incident to one of our
core practice areas of redevelopment. In fact, our firm has acted as general counsel to the
former Community Redevelopment Agency for the City of Los Angeles and currently serves
as general counsel for the former Culver City Redevelopment Agency.
In connection with redevelopment dissolution, our firm's advice is sought after by
cities, successor agencies, and oversight boards. We serve as counsel to various successor
agencies as well as independent counsel for the Oversight Board for Solana Beach
Redevelopment Agency.
In these capacities, we have regularly provided legal advice in the litigation categories
of tort and negligence, general and business and complex case management, and municipal
ethics. Our advice is sought on a weekly basis by numerous clients, particularly those
negotiating against the County of Los Angeles in numerous proprietary matters. Our
experience in complex case management has been derived from our representation of
municipal clients in numerous settings involving election contests, false claims act
prosecution, redevelopment and the numerous challenges arising under public law. We have
been fortunate to be part of numerous published opinions in the California and Federal
Courts.
As a result of our varied legal experience as municipal lawyers and size, our firm has
been consistently sought by numerous public clients in some of the most complex legal
matters for numerous California communities like the implementation of land use and
redevelopment plans, including: zoning; general and community plans; subdivision and
tentative mapping; the property and sales tax system; the conceptual and practical aspects of
KBB Firm Resume
Page 2 of 4
tax increment financing and the sharing of property tax by law or agreement among public
entities; the methods of obtaining developer advances and payments for governmental
purposes; bond or assessment districts and various other financial alternatives available for
capital outlays; and real estate debt and equity financing and security. While the firm does
not act as bond counsel, per se, we have acted as special counsel for many public bodies with
direct involvement in formulating plans and the essential structure and terms for bond issues.
In this capacity we have been responsible for coordinating the issuance of bonds with the
overall objectives of a redevelopment plan. The firm has assisted agencies when they issue
tax allocation bonds, certificates of participation, lease revenue bonds, mortgage revenue
bonds and Qualified Redevelopment Bonds. This expertise is sought out by many clients and
will likely be key for any Oversight Board.
The firm also has broad expertise in environmental law including state and federal
hazardous waste/toxic material liability, risk programs, and remediation guidelines. Our
understanding of the Polanco Redevelopment Act and related advocacy has assisted our
client's in applications to the Department of Toxic Substance Control Orphan Share Trust
Fund. Moreover, the firm has substantial experience in handling environmental matters
involving CEQA which serves to protect the California environment through the utilization
of certain environmental assessment measures.
The firm has experience in the Neighborhood Stabilization Programs and negotiation
of contracts on behalf of local public entities adverse to major financial institutions. In
addition, whether assisting clients in voluntary or involuntary property acquisitions, our firm
has substantial experience in securing the most appropriate title insurance for our client's
property acquisition project. We also regularly negotiate on behalf ofmunicipalgovernment
against counties and the federal government in numerous contractual matters and disputes.
The firm's litigation practice coordinates directly with and facilitates the transactional
activities of our clients. In the area of eminent domain, the firm has been able to successfully
bring its expertise to bear on various condemnation and calculation issues peculiar to
municipal projects. The same is true for the land use, municipal, and environmental matters
handled by the firm. In litigation, the firm takes a flexible and pragmatic approach to solving
clients' problems. The firm has handled complex and precedent setting issues at both the
trial and appellate levels of advocacy.
Over the last five decades, our firm has maintained the size of its professional team
assigned to our public clients at the optimal level to provide for rapid, efficient, and effective
ethical advocacy for their respective communities. Often times our clients seek our attorneys
on a 24/7 basis. In fact, our clients often seek our firm to take over litigation when the
litigation can no longer be managed internally by their City Attorney Offices or outside
counsel. Given our reliability and five decades of work in municipal level legal services, our
firm has gained a reputation as the premier municipal law firm in complex and contested
legal matters. We have been sought as interim counsel on numerous occasions for our ability
to step in on a moments notice. As a result, our attorneys are sought for legal and speaking
engagements throughout the state by lawyers, judges, bar associations, law schools, and state-
wide public agency associations.
KBB Firm Resume
Page 3 of 4
In connection with the scope of work sought in this request for proposals, our
attorneys are accustomed to complicated engagements and our services, include, but are not
limited to:
(a) Gathering initial information concerning a negotiation or new legal action;
(b) Conducting non -deposition discovery, including but not limited to in -person
interview, or online and/or investigative services;
(c) Conducting depositions either locally or in the most efficient method
nationally, as and if deemed appropriate;
(d) Conducting legal research, investigating case facts (including pretrial
discovery) and preparing motions;
(e) Preparing and filing legal documents (including any and all pleadings and
briefs legally justified);
(f) Making appearances and oral arguments before State and Federal Courts;
(g) Participating in one or more trials before State and Federal Courts;
(h) Handling post -trial proceedings, as and when justified and appropriate,
including post -trial settlement negotiations;
(i) Handling appeals from adverse judgments, as and if appropriate;
0) Assisting with the development of defense strategy on complex cases;
(k) Conducting peer review on complex cases to ensure appropriate legal
representation;
(1) Coordinating the defense strategies of multiple attorneys on multi -venue
cases; and
(m) Advising management on settlement offers and strategies and providing
evaluations of the settlement options and bargaining strategies.
KBB Firm Resume
Page 4 of 4
9
9
RESOLUTION NO. OB-4
A RESOLUTION OF THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF VERNON AUTHORIZING THE RETENTION OF KANE,
BALLMER & BERKMAN TO SERVE AS LEGAL COUNSEL TO THE
SUCCESSOR AGENCY
WHEREAS, the Successor Agency to the Redevelopment Agency of
the City of Vernon (the "Successor Agency") desires to retain the
services of a consultant to provide legal services to the Successor
Agency in connection with the provisions imposed by Assembly Bill
No. 26 ("ABlx 2611); and
WHEREAS, the Successor Agency has determined that Kane,
Ballmer & Berkman ("KBB"), is qualified and capable of furnishing the
knowledge and expertise necessary; and
WHEREAS, the Successor Agency has determined that the
retention of Kane, Ballmer & Berkman. to serve as legal counsel is
necessary in order to carry out its duties and responsibilities under
AB1x 26.
NOW, THEREFORE, BE IT RESOLVED BY THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON AS
FOLLOWS:
SECTION 1: The Oversight Board of the Successor Agency to
the Redevelopment Agency of the City of Vernon hereby finds and
determines that the recitals contained hereinabove are true and
correct.
SECTION 2: The Oversight Board of the Successor Agency to
the Redevelopment Agency of the City of Vernon hereby authorizes the
retention of Kane, Ballmer & Berkman to serve as legal counsel to the
Successor Agency.
SECTION 3: The Secretary of the Oversight Board, shall
certify to the passage, approval and adoption of this resolution, and
the Secretary shall cause this resolution and the Secretary's
certification to be properly filed.
APPROVED AND ADOPTED this 10t° day of May, 2012.
Name : �b tJR'rr� Pt� S . �l ti i�N1 Pc N
Title: C a-m-4 Vice Chairman
- 2 -
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, acting on behalf of the Oversight Board
as its Secretary, do hereby certify that the foregoing Resolution,
being Resolution No. OB-4, was duly passed, approved and adopted by the
Oversight Board of the Successor Agency to the Redevelopment Agency of
the City of Vernon at a regular meeting of the Oversight Board duly
held on Thursday, May 10, 2012, and thereafter was duly signed by the
i
Chairman or Vice Chairman of the Oversight Board.
Executed this day of May, 2012, at Vernon, California.
(SEAL)
- 3 -
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: May 21, 2012
TO: Alex Kung, Successor Agency Staff
�
FROM: Willard Yamaguchi, City Clerk /A /
RE: Resolution No. OB-4 —.A Resolution of the Oversight Board of the Successor Agency to
the Redevelopment Agency of the City of Vernon Authorizing the Retention of Kane,
Ballmer & Berkman to Serve as Legal Counsel to the Successor Agency
Transmitted herewith is a copy of Resolution No. OB-4 referenced above, which was approved by the
Oversight Board of the Successor Agency to the Redevelopment Agency of the City of Vernon on May
10, 2012.
Thank you.
WY:dj
Attachment
c: Resolution No. OB-4, 2012-64
CITY OF VERNON
SUCCESSOR AGENCY
STAFF REPORT
DATE: April 27, 2012
RECEIVED
APR 2'7 2012
CITY CLERK'S OFFICE
TO: Honorable Chairperson and Members of the Oversight Board of the Successor
Agency
FROM: Alex Kung, Successor Agency Staff W
RE: Legal Services for the Successor Agency
Background:
On June 28, 2011, the Governor signed Assembly Bill 1X 26 (AB 1X 26) limiting the activities
and potential dissolution of the Redevelopment Agencies. On July 18, 2011 the California
Redevelopment Association filed a lawsuit challenging the constitutionality of AB 1X 26 and
AB 1X 27. On December, 29 2011, the California Supreme Court issued an opinion upholding
AB 1X 27 and invalidating AB 1X 27 which dissolved all redevelopment agencies throughout
the State of California effective February 1, 2012.
The City, as Successor Agency, requires a law firm experienced in all facets of the dissolution of
the Redevelopment Agency and the process to wind down its activities. In reviewing several law
firms the City believes Murray Kane, of Kane, Ballmer & Berkman, has that expertise. Mr.
Kane has over fifteen (15) years of redevelopment experience with the City of Los Angeles. Mr.
Kane has also represented the redevelopment agency in Culver City, Palmdale, Huntington
Beach, Santa Monica, Indio, Moreno Valley, Pasadena, and Redondo Beach. The request to
retain Kane, Ballmer & Berkman has been placedon the May 1, 2012 City Council agenda
meeting.
Recommendation:
It is recommended that the Oversight Board authorize the Successor Agency, to retain the law
firm of Kane, Ballmer & Berkman at the April 30, 2012 Oversight Board meeting.
NOTICE OF TERMINATION
Juarez, Debbie
From: Hernandez, Lilia
Sent: Tuesday, December 16, 2014 4:12 PM
To: Barcia, Ana
Cc: Juarez, Debbie
Subject: FW: Notice of Termination
Attachments: Letter - Kane Balmer Berkman Termination Letter 12-16-14.pdf
Importance: High
Follow Up Flag: Follow up
Flag Status: Flagged
For your records.
Lilia
From: Hernandez, Lilia
Sent: Tuesday, December 16, 2014 4:09 PM
To: 'mkane@kbblaw.com'
Cc: Whitworth, Mark; Kung, Alex; Patel, Hema
Subject: Notice of Termination
Importance: High
Mr. Kane,
Pursuant to your conversation with Mr. Whitworth yesterday, attached please find the formal notice of termination. The
original will be mailed to you.
Thank you,
Lilia Hernandez
Executive Assistant to the City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
323-583-8811 ext.266
l hernandez&i. vernon.ca. u s
1
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
December 16, 2014
Murray Kane, Esq.
Kane, Ballmer & Berkman
515 South Figueroa Street, Suite 780
Los Angeles, CA 90071-3301
Re: Notice of Termination
Dear Murray:
VIA U.S. MAIL
This letter is to serve as written notice of termination of your
Agreement effective December 16, 2014, and instruction to cease
providing any services as of December 16, 2014.
Please provide an update of any work you are currently working
on, if applicable, on behalf of the City.
Thank you for all of your work on behalf of the City. Please
provide a final invoice at your earliest convenience.
If you have any questions, please contact Alex Kung at Ext. 355.
Yours truly, o
Mark Whitworth
City Administrator
E.iCcfusiuefy Industiiaf
PRIVILEGED & CONFIDENTIAL
ATTORNEY -CLIENT
COMMUNICATION (NOT A PUBLIC
RECORD - DATED 12/18/2014
**SEE CLERK DOCS.
CONFIDENTIAL COMMUNICATIONS
FILE SCANNED IN LASERFICHE