Oversight Board to the Successor Agency of the Dissolved Petaluma Community Development Commission

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1 Oversight Board to the Successor Agency of the Dissolved Petaluma Community Development Commission Item #4 DATE: July 11, 2012 TO: FROM: SUBJECT: Members of the Oversight Board Ingrid Alverde, Economic & Redevelopment Manager Consideration of Proposed Professional Services Agreement for Oversight Board Legal Representation RECOMMENDATION It is recommended that the Petaluma Oversight Board (Board) adopt the resolution authorizing the Oversight Board to execute a proposed professional services agreement for Oversight Board legal services (Attachment 1). BACKGROUND The Board discussed the need for legal representation independent of the Petaluma Successor Agency to the former Petaluma Community Development Commission (Successor Agency) at its May 9, 2012 meeting. They agreed that so long as they were in agreement with Successor Agency proposals, they did not need independent legal counsel. However, the Board also agreed to consider hiring an attorney to represent the Board if needed. DISCUSSION Staff solicited and received three proposals from experienced redevelopment attorneys qualified to represent the Board (Attachment 2). Staff interviewed each attorney and sought public agency references to help identify the best attorney. Staff recommends David Kahn with Renne Sloan Holtzman Sakai LLP. David Kahn provides extensive redevelopment experience and has recently represented the Healdsburg Oversight Board. He received the strongest positive recommendation from public agency references. Staff proposes the attached contract (Attachment 3) if the Board chooses to hire independent legal counsel. ATTACHMENTS 1. Resolution authorizing the Oversight Board to execute a professional services agreement 2. Legal Services Proposals 3. Professional Services Agreement between the Oversight Board and Renne Sloan Holtzman Sakai LLP.

2 Attachment 1

3 RESOLUTION NO. A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCESSOR AGENCY OF THE DISSOLVED PETALUMA COMMUNITY DEVELOPMENT COMMISSION (SUCCESOR AGENCY) AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE OVERSIGHT BOARD AND RENNE SLOAN HOLTZMAN SAKAI LLP FOR OVERSIGHT BOARD LEGAL SERVICES WHEREAS, the Oversight Board to the Successor Agency to the dissolved Petaluma Community Development Commission has been appointed pursuant to the provisions of Assembly Bill x1 26 (the Dissolution Act ) and more particularly Health & Safety Code Section 34179; and WHEREAS, on May 9, 2012, the Oversight Board directed its staff ( Staff ) to identify a qualified attorney to represent the Oversight Board independently from the Successor Agency; and WHEREAS, Oversight Board staff requested and reviewed qualifications to select qualified legal counsel for the Oversight Board; and WHEREAS, staff recommends Renne Sloan Holtzman Sakai LLP (Consultant) to provide legal services to the Oversight Board; and WHEREAS, Consultant is a law firm that is qualified in the area of the California Redevelopment Law, the Dissolution Act, general municipal law, and other federal and state laws relating to state and local government law and possesses professional skills with respect to interpreting such laws and representing the Oversight Board as legal counsel relating to the Dissolution Act; and WHEREAS, Health and Safety Code section 34179(o) authorizes the Oversight Board to contract with public or private agencies for administrative support; and WHEREAS, staff has attached a draft Professional Services Agreement ( Agreement ) for Oversight Board review (Exhibit A); and WHEREAS, under the Dissolution Act, the costs to be funded by a successor agency must be identified on the Recognized Obligation Payment Schedule ( ROPS ) for each six-month fiscal period, and reviewed by State Department of Finance ( DOF ) before funds will be disbursed to the Successor Agency by the County Auditor- Controller from the Redevelopment Property Tax Trust Fund ( RPTTF ); and WHEREAS, the City of Petaluma general fund is neither available nor adequate and is not and shall not be expended or committed, expressly or impliedly, by the Oversight Board entering into this Agreement with Consultant; and WHEREAS, the sole source of funds available to pay for legal services provided by Consultant to the Oversight Board is and shall be limited to funds allocated to the

4 Successor Agency either as a separate item listed on a ROPS or as a part of the Successor Agency s administrative budget; and WHEREAS; in no event shall the funds available for this contract exceed the amount set forth herein for and during each six-month fiscal period of each ROPS prepared by Successor Agency and thereafter as reviewed and approved by the Oversight Board and the DOF; and WHEREAS, the Petaluma ROPS (July 1, 2012 through December 30, 2012), approved by the State Department of Finance, includes a line item to pay up to $25,000 for attorney services. NOW, THEREFORE BE IT RESOLVED THAT, 1. The Oversight Board authorizes its Chair to execute the Agreement with Consultant for legal services to the Oversight Board, substantially on the terms and conditions as identified in Exhibit A. 2. The Oversight Board authorizes Staff to take such other and further actions as necessary to implement the intent of this Resolution. -2-

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20 Attachment 2

21 Betsy Strauss Attorney at Law Mediation and Conflict Management Professional Experience Betsy Strauss, Attorney at Law Local government law and Mediation; Representation of cities and counties; mediation of intergovermental disputes Special Counsel League of California Cities Legislative analysis; public policy analysis Housing, Land Use, and Municipal Finance 1997 through Present 1997 through Present Lecturer, Local Government Law 2001 through 2009 Boalt Hall School of Law UC Berkeley City Attorney City of Rohnert Park, California 1999 through 2004 City Attorney City of Fairfield, California 1988 through 1997 City Attorney City of Napa, California 1981 through 1988 Education B.A. in history from University of California at Berkeley J.D. from University of California at Los Angeles Certificate in Mediation from Pepperdine University school of Law Awards Public Lawyer of the Year Award from California State Bar 1994 Recent Publications and Presentations 2006: Paper and Presentation on changes in density bonus law in California at League of California Cities City Attorney s Conference (May 2006); Housing California Annual Conference (May 2006); and Community Redevelopment Agency Association Legal Issues Symposium (August 2006). 2007: Proposition 218 Implementation Guide 2007; Land Use and Climate Change (October 2007) 2010: Proposition 26 Implementation Guide (League of California Cities)

22 2012: Presentation to City Attorneys Spring Conference (May 2012): Redevelopment, Economic Development and Enterprise Zones Update References available upon request

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25 CRAIG LABADIE PROFESSI ONAL EXPERI ENCE LAW OFFI CES OF CRAIG LABADIE Sole Practitioner Current City Attorney for the City of Albany. Special Counsel to the City of Concord on issues pertaining to the reuse planning and property disposition process for the former Concord N aval Weapons Station, a closed military base. Counsel for Redevelopment Dissolution Oversight Boards in Belmont, Foster City, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, and South San Francisco. CITY OF CONCORD City Attorney Served as the chief legal advisor to City Council, Redevelopment A gency, Concord N aval Weapons Station Local Reuse A uthority, City Boards and Commissions, and all City Departments. Represented the City and oversaw outside litigation counsel in connection with liability claims and litigation, including municipal code enforcement litigation. Subject matter areas included Brow n A ct, Public Records A ct, Political Reform Act, municipal finance, public works, land use and environmental law, redevelopment, labor and employment, military base closure, law enforcement, and general municipal law. As an officer and President of the City Attorneys Department within the League of California Cities from , I took an active leadership role in numerous educational and advocacy efforts for our membership. Ongoing activities included planning of educational seminars, updating M unicipal Law H andbook, and oversight of Legal A dvocacy Committee. Special initiatives as President included drafting of The Peopl e s Business: A Guide to the California Public Records Act, updating of Open and Public IV: A Guide to the Ralph M. Brown Act, updating of guidebook on Proposition 218 (limits on local fees, taxes and assessments), and updating of guide to compliance with conflict of interest law s. M CD ONOUGH, H OLLAND & ALLEN, Oakland, California Shareholder, Public Law Department City Attorney for the Cities of Mill Valley, Sausalito and Hercules Acting City Attorney for the City of Novato Special Counsel for numerous Bay A rea cities Founding shareholder of Bay Area office for Sacramento-based firm representing local public agencies. Areas of specialization included general municipal law, land use and environmental law, open government laws, eminent domain, annexations, development agreements, developer fees and exactions, inverse condemnation, public w orks, redevelopment, and municipal finance. Frequent lecturer and author on land use and environmental law topics for various U.C. Extension branches, as w ell as professional associations such as the League of California Cities, local city attorney associations, and professional organizations for urban

26 planners. M CCUTCH EN, D OYLE, BROWN & EN ERSEN, Walnut Creek Attorney, Land Use and Local Government Group Represented cities and private sector clients on land use matters and related litigation. Handled litigation involving land use initiatives, CEQA, development agreements, general plans and housing elements. Negotiated development agreements and provided advice concerning CEQA compliance. LEAGUE OF CALIFORNIA CITIES, Sacramento, California Legislative A ttorney Represented cities before the California Legislature and state agencies on issues pertaining to CEQA, environmental law, hazardous materials, land use, housing, parks and recreation and solid w aste. Worked extensively w ith city council members, planning commissioners, city managers, city attorneys, and planning directors from cities throughout California in connection with the League s legislative and educational efforts. Provided staff support for League Policy Committees, City Attorneys Legislative Committee, and Legal A dvocacy Committee. RUTAN & TUCKER, Costa M esa, California A ttorney, Public Law Department Assistant City Attorney, City of Laguna Beach Deputy City A ttorney, Cities of San Clemente and Irvine Provided contract city attorney services and served as special litigation counsel to several Southern California cities. Staffed meetings of City Councils and Planning Commissions. Represented cities in litigation concerning CEQA, land use, housing elements, and hazardous w aste cleanup. A ssisted in preparing development agreements and redevelopment agreements. CALIFORNIA SUPREM E COURT, A ssociate Justice Stanley M osk A nnual Law Clerk Researched and drafted Supreme Court opinions, evaluated cases presented for hearing, and supervised student externs. Drafted manual for handling appellate writs. PROFESSI ONAL ASSOCIATIONS LEAGUE OF CALI FORN I A CI TIES - CI TY ATTORN EYS D EPARTM EN T President ( ) Department Officer ( ) Chair, Legislative Committee ( ) President, Contra Costa County City A ttorneys A ssociation (2001) President, Bay A rea City A ttorneys A ssociation (1996) M ember, M unicipal Law H andbook Committee ( )

27 CALIFORNIA STATE BAR Public Law Section, Executive Committee ( ) Editor, Public Law Journal M ember, Contra Costa County Bar A ssociation (1988-Present) CONTINUING EDUCATION OF THE BAR Chair, Continuing Education of the Bar Governing Committee ( ) Member, Continuing Education of the Bar Governing Committee ( ) Chair, Joint Advisory Committee on Continuing Education of the Bar ( ) Chair, Continuing Education of the Bar Subcommittee on Real Property Law ( ) LEGAL EDUCATION UN I V ERSI TY OF CALIFORNIA, D AVIS Juris Doctor Degree (1981) Order of the Coif Editor, U.C. Davis Law Review Best Brief Award, Environmental Moot Court Competition

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37 David Kahn Partner Experience SAN FRANCISCO OFFICE t: f: PRACTICE AREAS Government Law and Litigation General Counsel to Public Agencies Redevelopment (Successor Agencies and Oversight Boards) Land Use and Development Sustainability CEQA BAR ADMISSION California Washington (Inactive) Navajo Nation (Inactive) EDUCATION Boalt Hall Law School, University of California, Berkeley, J.D. University of California, Santa Cruz, B.A. Mr. Kahn advises and represents both public agency and private clients on public agency law, redevelopment, and land use issues. Mr. Kahn brings to his clients over 30 years of public agency experience and creative solutions to complex public issues and public-private partnerships. He has represented both a City and a County on redevelopment issues and can bring that unique perspective to current redevelopment successor agency wind-down issues and oversight boards. As City Attorney for Sunnyvale, California and Mercer Island, Washington, Mr. Kahn represented and advised City Councils and City Managers, in addition to planning, human resources, police and fire, finance, and public works departments. Mr. Kahn s experience as Senior Deputy County Counsel for Santa Clara County included representation of the sheriff s department, Superior Court judges, grand jury, County airports, finance and tax collector. He has advised on Brown Act, California Public Records Act, and Conflict of Interest regulations. He has also been the legal advisor to citizen committees such as the Census 2000 County Redistricting Committee and Charter Review Committees. Mr. Kahn also has substantial appellate advocacy experience. Mr. Kahn received the 2003 County Counsel Litigation Award, and is rated AV-Preeminent by Martindale-Hubbell. Some of the cases and issues Mr. Kahn has provided advice and representation on include: Complex $750 million redevelopment project of downtown. Representation included removal of defaulting developer, renegotiation of development agreement, environmental remediation and coordination with Regional Water Quality Control Board, and creative solutions to continue Project progress during economic downturn. Closure and re-use of military base in City. Advising City Councils for 12 years, including on controversial issues such as medical marijuana, group housing and campaign finance reform ordinances. Challenges under CEQA to City projects. Negotiations on behalf of City with County and Affordable Housing Agency leading to partnership and construction of senior affordable housing at County Clinic site. Representation of County in 2003 PGE bankruptcy litigation.

38 Representation of County in binding arbitration for airport operator lease payment dispute. Trial and appellate counsel for County in Subdivision Map Act litigation. Representation of City in litigation to preserve historical restaurant and tavern from nuisance challenge. Representation of police officer at Inquest Hearing for first officerinvolved shooting fatality in City. Related Experience Immediately prior to joining Renne Sloan Holtzman Sakai, Mr. Kahn was City Attorney/Redevelopment Agency General Counsel for the City of Sunnyvale for seven years and handled the complete range of government law issues. From , Mr. Kahn was Senior Deputy County Counsel for the County of Santa Clara. From 1995 to 2005, Mr. Kahn served as City Attorney for the City of Mercer Island, Washington. Mr. Kahn was Deputy City Attorney/Chief of Litigation for Bellevue, Washington, from , where he litigated a number of high profile cases and provided appellate advocacy in both the Court of Appeals and Washington Supreme Court. Mr. Kahn began his city attorney experience with the City and County of San Francisco, where he was a team leader for a litigation team representing the police department, school district, MUNI and public works department. Mr. Kahn was also a Deputy Public Defender for Santa Clara County, where he tried both felony and misdemeanor matters. During law school, Mr. Kahn was an extern to the Chief Justice of the Alaska Supreme Court, as well as a law clerk with DNA Legal Services on the Navajo Nation. Prior to law school, Mr. Kahn was a VISTA Volunteer with Community Legal Services in San Jose. Reported Appellate Cases Pfeiffer v. City of Sunnyvale, 200 Cal. App. 4th 1552 (2011) Trinity Park LP v. City of Sunnyvale, 193 Cal. App 4th 1014 (2011) Sunnyvale West Neighborhood Assoc. v. City of Sunnyvale City Council, 190 Cal. App. 4th 1351 (2010) Van t Rood v. County of Santa Clara, 113 Cal. App. 4th 549 (2003) Zilog v. Superior Court, 86 Cal. App. 4th 1309 (2001) Lillian F. v. Superior Court, 160 Cal. App. 3d 314 (1984) Peterson v. City of Bellevue, 56 Wash. App. 1 (1989) Crippen v. City of Bellevue, 61 Wash. App. 251, cert. denied 117 Wash. 2d 1015(1991)

39 Rozner v. City of Bellevue, 116 Wash. 2d 342 (1991) IAFF v. City of Bellevue, 119 Wash. 2d 373 (1992) Mull v. City of Bellevue, 65 Wash. App. 245 (1992) Bellevue 120th Associates v. City of Bellevue, 65 Wash. App. 594, cert. denied 818 P. 2d 1098 Professional Activities California League of Cities, City Attorney Division, Brown Act Committee (2011-present) California League of Cities, City Attorney Division, Nominating Committee (2011) California League of Cities Legal Advocacy Committee ( ) Santa Clara County Bar Association Judiciary Committee ( ) Washington State Bar Association, Trustee Member, United States District Court Magistrate Judge Selection Committee Chair, United States District Court Pro Bono Committee ( )

40 Randy Riddle Partner Experience SAN FRANCISCO OFFICE t: f: PRACTICE AREAS Appeals & Writs Elections Government Law & Litigation BAR ADMISSION California Iowa (inactive) Republic of Palau (inactive) EDUCATION Golden Gate University, J.D. University of Notre Dame, B.S. Mr. Riddle advises and represents public sector clients on a wide range of government law issues. Mr. Riddle possesses a unique combination of election law experience, having served as Chief Counsel to the California Secretary of State and counsel to a county registrar of voters for ten years. Mr. Riddle, who manages the California Election Law website ( has provided advice and litigation representation on matters related to constitutional issues, conflict of interest law and other governmental ethics matters, open government requirements, initiative, referendum and recall petitions, administrative law, the legislative process, the implementation of new voting systems, the Voting Rights Act and the Help America Vote Act. As Chief Counsel to the California Secretary of State, Mr. Riddle managed a legal staff of twelve attorneys. In 2006, he was named a California Super Lawyer in the area of political law. Mr. Riddle also teaches Election Law at the University of San Francisco School of Law. Some of the matters on which Mr. Riddle has provided legal services include: Conducting mandatory AB 1234 ethics training on conflicts of interest, public records, open meetings and the proper use of government resources. Drafting charter amendments and initiative ordinances, and advising legislative bodies on potential legal issues with proposed legislation. Responding to public records requests and open meeting questions on behalf of local officials. Representing local governments in a broad range of government law litigation, including constitutional challenges to ordinances and other government actions. Advising and representing a county on the requirements of the Voting Rights Act minority language provisions and the Help America Vote Act to ensure compliance with a Justice Department consent decree. Representing a city clerk on complex issues related to a referendum petition, two recall petitions and two initiative measures. Advising and supervising extensive and complex litigation on behalf of the California Secretary of State in the historic 2003 gubernatorial recall.

41 Mr. Riddle is also an experienced appellate advocate on behalf of government agencies. He has written numerous appellate briefs on a wide range of government, election and constitutional law issues. He has also handled dozens of writ of mandate actions during his career as a government law attorney. Related Experience Prior to joining Renne Sloan Holtzman Sakai, Mr. Riddle served as Chief Counsel to the Office of the California Secretary of State where he advised and represented the agency on the full range of election law issues, including the implementation of new voting systems. For fifteen years, Mr. Riddle served in the San Francisco City Attorney s Office, where he was the Counsel to the Registrar of Voters and the San Francisco Ethics Commission. Mr. Riddle later became Chief of the Government Litigation Team, where he supervised sensitive and complex litigation involving challenges to city laws and policies, including City employment and contracting policies. Recent Presentations AB 1234 Ethics Training, El Dorado County (December 2006) Courts Take the Initiative, County Counsels Association Annual Meeting, Monterey (September 2006) Town Hall Meeting on Electronic Voting (panel member), conducted by Congressman Mike Honda (March 2005) City Attorneys Continuing Education Seminar, League of California Cities, Issues in Election Law, Emeryville (February 2008)

42 Louise Renne Partner Experience SAN FRANCISCO OFFICE t: f: PRACTICE AREAS Government Law & Litigation Public Interest Litigation Workplace Investigations BAR ADMISSION California District of Columbia EDUCATION Columbia University School of Law, J.D. Michigan State University, B.A. Ms. Renne heads the firm s public interest litigation and elder financial abuse practice. She brings together public interest plaintiff coalitions of multigovernmental or governmental and non-governmental agencies or individuals. Ms. Renne pioneered this model when she was San Francisco City Attorney and is known in legal and governmental circles for transforming the traditionally defense-oriented practice of municipal law by pioneering an affirmative litigation program that won significant victories for cities and counties in California. She is well-known and well-respected nationally and often testifies before federal, state, and other governmental bodies. She also is frequently requested to conduct impartial investigations for school, municipal and county governments. Some of the cases Ms. Renne has directed include: A certified national class (250,000 victims) and national and state putative class actions and individual lawsuits involving elder financial abuse. These suits are brought on behalf of senior citizens against insurance companies, banks and other entities for the sale of inappropriate annuity products to seniors. A putative class action on behalf of public agencies against insurance brokers for undisclosed commissions and breach of fiduciary duties. Represented public entities include County of Santa Clara, San Francisco Unified School District, San Francisco Community College District, and Tuolumne Joint Powers Authority (comprised of 30 public entity school districts). A lawsuit on behalf of African-American employees in private industry for race discrimination, retaliation and harassment. Numerous class-action suits that asserted local agency legal prerogatives against energy producers, tobacco companies, national banks, gun manufacturers, auto insurers, and escrow companies. Related Experience Ms. Renne was previously a founding partner in Renne & Holtzman. Prior to that time, Ms. Renne was San Francisco City Attorney for 16 years, responsible for providing legal expertise and services to more than 60 operating departments and commissions providing both city and county services. She modernized the city attorney s office, establishing it as a national leader in the practice of public law. She created a vigorous and enterprising 200-lawyer city department of litigators, negotiators and

43 regulatory attorneys, attracting top talent from private sector firms, law schools and judicial clerkships nationwide. She energized and streamlined its advice function, building widely respected legal expertise in every area of municipal operations ranging from traditional fields such as land use and public protection to the cutting-edge areas of energy regulation and telecommunications. Ms. Renne was appointed city attorney by Mayor Dianne Feinstein in 1986 to fill the unexpired term of her predecessor, who died in office. She was subsequently elected to three full four-year terms. Her prior experience includes: Member of the San Francisco Board of Supervisors for 8 years, where she was chair of the Finance Committee. California deputy attorney general for 11 years. She served in the environmental and criminal divisions, and argued on behalf of the state before the California and United States Supreme Courts. Private practice for 2 years and was a staff attorney in the general counsel s office at the Federal Communications Commission for 3 years. Ms. Renne also served as General Counsel for the San Francisco Unified School District where she led the effort to combat corruption existing at the time and establish a legal department. Community Activities Laguna Honda Foundation, Chair, Board of Directors Allies United for Children, Chair, Board of Directors San Francisco Fine Arts Museums, Board of Directors San Francisco Police Commission, former President Volunteers of Laguna Honda Hospital, former member, Board of Directors American Cancer Society, San Francisco Chapter, former member, Board of Directors Friends of the Children, San Francisco Chapter, former Chair, Board of Directors PGA s First Tee program, former member, Board of Directors California Regional Water Quality Control Board former member Golden Gate Bridge District, former Board of Directors California Women Lawyers, former President

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