HomeMy Public PortalAbout2015.016 (01-20-15)RESOLUTION NO. 2015.016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
AN AGREEMENT FOR LEGAL SERVICES WITH KANE BALLMER & BERKMAN TO
PERFORM CERTAIN LEGAL SERVICES ON THE BEHALF OF THE SUCCESSOR
AGENCY OF THE LYNWOOD REDEVELOPMENT AGENCY AND THE LYNWOOD
HOUSING AUTHORITY IN CONNECTION WITH ASSEMBLY X1 26 AND. AB 1484
AND RELATED LITIGATION, AND THE CITY OF LYNWOOD AS REQUESTED
WHEREAS, Kane Ballmer & Berkman is a law firm that specializes in providing
legal services to successor agencies to former redevelopment agencies, municipalities,
development commissions, special districts and other public entities within and outside
the State of California; and
WHEREAS, Kane Ballmer & Berkman is a contractor eligible for vendor
approval on the Successor Agency of the Lynwood Redevelopment Agency's
Recognized Obligation Payment Schedule (ROPS); and
WHEREAS, in September 2014, the previous City Manager initiated an
agreement for professional legal services (the "Original Agreement ") with Kane Ballmer
& Berkman to perform legal services on behalf of the Successor Agency to the Lynwood
Redevelopment Agency in connection with Assembly Bill x1 26 and AB 1484 for the
amount not to exceed $15,000 which was subsequently approved by the current City
Manager; and
WHEREAS, the City Council ( "City Council ") of the City of Lynwood ( "City ")
anticipates that Kane Ballmer & Berkman will exceed the purchase authority amount of
$15,000 provided in the Original Agreement and is requesting that an additional amount
of $75,000 be added to the $15,000 amount previously allocated for a total
compensation amount of up to $90,000 payable to Kane Ballmer & Berkman for FY 14-
15; and
WHEREAS, the City Council now seeks to enter into a new agreement with
Kane Ballmer & Berkman (the "City Agreement ") which shall replace and supersede the
Original Agreement and specifically provide for the payment of legal services rendered
on behalf of the Successor Agency to the Lynwood Redevelopment .Agency (the
"Successor Agency "), and the Lynwood Housing Authority (the "Authority ") in
connection with Assembly Bill x1 26 and AB 1484 and recent litigation filed against the
Successor Agency and the Authority entitled Rogel et al. v. State of California
Department of Finance et a., filed in the Sacramento. Superior Court on November 14,
2014 as Case No. 34- 2014 - 80001977 (the " Rogel. Litigation "), and certain additional
legal services as requested by the City in an amount not to exceed $90,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY. RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: That the City Council of the City of Lynwood authorizes the Mayor
to approve the City Agreement to authorize Kane Ballmer & Berkman to provide
professional legal services to the Successor Agency and the Authority in connection
with Assembly Bill x1 26 and AB 1484 and Rogel Litigation, and certain additional legal
services as requested by the City.
Section 2. That the City Council of the City of Lynwood appropriates and
transfers an additional $75,000 from the unappropriated General Fund to account
1011.25.205.62001 for the services of Kane Ballmer & Berkman pursuant to the City
Agreement. Total payments under the City Agreement are not to exceed $90,000. Staff
shall seek inclusion and reimbursement of all Successor Agency and Authority eligible
payments authorized by the City Agreement through the ROPS process.
Section 3. Upon the approval of the City Agreement, all provisions of the
Original Agreement shall be of no further force and effect, as the Original Agreement
shall be replaced and superseded in its entirety by the City Agreement.
Section 4. This Resolution shall become effective immediately upon its
adoption.
Section 5. The City Clerk shall certify as to the adoption of this City Council
Resolution.
PASSED, APPROVED and ADOPTED this 20th day of January, 2015.
ATTEST:
r +-
aria Quinonez, City Clerk
APPROVED AS TO FORM:
)� t,�l 4 ua,
David A. darcia, City Attorney
APPROVED AS TO CONTENT:
J. Arnoldo Beltran, City Manager
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 20th day of January, 2015.
AYES: COUNCIL MEMBERS CASTRO, SANTILLAWBEAS AND SOLACHE
NOES: COUNCIL MEMBERS ALATORRE AND HERNANDEZ
ABSENT: NONE
ABSTAIN: NONE
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council
of said City, do hereby certify that the above foregoing is a full, true and correct copy of
Resolution No. 2015.016 on file in my office and that said Resolution was adopted on
the date and by the vote therein stated. Dated this 20th day of January, 2015.
l
Maria Quinonez, City Clerk