~;~~~ RICHARDS WATSON GERSHON

~~CC~ ATTORNEYS AT lAW A PRdFESSiONAL CORPORATION

355 South Grand Avenue, poth Floor, Los Angeles, California 9oo7i-3ioz
Telephone 2i3.626.8g8q Facsimile 213.626.0078

RICHARD RICHARDS

(1916-ig88)

September 10~ ~O ~ J

GLENN R. WATSON

c1917-2010

VIA E-MAIL

HARRY L, GERSHON

(i9zz-2oo7)
STEVEN L DORS EY
M'
I TCEnLILESAB BOTT
G REGORV W. STEPANICICH
QUINN M, BARROW
CAROL W. LYNCH
GREGORY M. KUNERT
THOMAS M. 11M80
ROBERT G CECCON
STEVEN H. KAUFMANN
KEVIN G. ENNIS
ROBIN D. HARRIS
MICHAEL ESTRADA
LAURENCE S, WIENER
B. TILD EN KIM
SASKIA T, ASAMURA
KAYSER O, SOME
PETER M, THORSON
JAMES L, MARKMAN
CRAIG A. STEELS
T. PETER PIERCE
TERENCE R, BOGA
LISA BOND
ROXANNE M. DIAZ
JIM G. GRAVSON
ROY A. CLARKS
MICHAEL F. YOSHIBA
REGINA N. DANNER
PAULA GUTIERREZ BAE2A
BRUCE W. GALLOWAY
DIANA K. CHUANG
PATRICK K. BOBKO
NORMAN A. DUPONT
DAVID M. SNOW
LOLIV A. EN RIQU EZ
GINETTA L. GIOVINCO
TRISHA ORTIZ
GAN DICE K. LEE
1ENNIfER PETRU515
STEVEN L. FLOWER
TOUSSAINT 5, BAILEY
AMV GREYSON
DEBORAH R, HAKMAN
D. CRAIG FOX
MARICELA E. MARROQUIN
SERITA R, YOUNG
SEAN B. GIBBONS
AARON C. O'DELL
AMANDA L, CHARNE
STEPHANIE CAO
PATRICK D. SKAHAN
STEPHEN D. lEE
YOUSTINA N. A21Z
BRENDAN KEARNS
KYLE H. BROCHARD
NICHOLAS R
SRA'
SHAH
CHRISTINA L, BROWNING
ISAAC M. ROSEN
ROMTIN PARVARESH
OF COUNSEL
ROCHELLE BROWNS
TERESA HO-U RANG
G ENA M. STINN ETT

SAN FRANCISCO OFFICE

TELEPHONE !{35.!}21.8!}8!}
ORANGE COUNTY OFFICE
TELEPHONE ]14.990.0901
TEMECULA OFFICE
TELEPHONE y51.695.2j73

Councilmember David Gordon

City of Burbank
2'75 E. Olive Avenue
Burbank~ California 91502
Re:

Request for Burbank-Glendale-Pasadena Airport Authority Materials

Dear Councilmember Gordon.

As a follow-up to my September 1, 2015 letter on behalf of the Burbank-GlendalePasadena Airport Authority, enclosed are the discloseable public records that are
responsive to your August 25, 2015 e-mail to Executive Director Dan Feger. Exempt
material described in my letter has been redacted or withheld in accordance with the
public Records Act.
your e-mail also asked several factual questions regarding the Authority's contract
kith Georgino Development LLC. Although the Public Records Act does not require
agencies to answer factual questions, I would note that most of the m ormation you
inquired about can be found in the enclosed records. I also would note that some of
the information is available in City of Burbank records, specifically the November 26,
2014 resignation letter that Ms. Georgino submitted to the City Clerk.
Finally, I wish to briefly address the legal questions about this contract that you raised
at the August 25th City Council meeting. Those questions concerned the applicability
of Burbank Municipal Code Section 2-1-1622 and the state "revolving door" law. It
is my understanding, based on your comments at that meeting, that the City Attorney
has advised the City Council that Section 2-1-1622 is inapplicable. I concur with that
conclusion because this contract does not involve appearances before the Burbank
City Council or any City board> commission> officer~ or employee as contemplated by
the ordinance. Rather, in recognition of Ms. Georgino's expertise as a development
assist Authorit~JJ staff) consultants1
y~rofessional7 this contract engages Ms. Geora
bino to
Y
planning
related
to the B-6 Property. The state
strategic
and the Commission with
revolving door law, Government Code Section 87406.3, also is inapplicable. Former
councilmembers and city managers are the only city officials covered by that statute,
and Ms. Georgino does not fall into either category.

RICHARDS(WATSON ~ GERSHON
ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION

Councilmember David Gordon

September 10, 2015
Page 2
I hope this satisfactorily responds to your inquiry and eliminates any concerns you
may have regarding this contract.
Very truly yours,
~~~~.
Terence Boga
Assistant General Counsel
Burbank-Glendale-Pasadena Airport Authority

Enclosures
cc:

1875298.6

BGPAA Commission
Dan Feger, BGPAA Executive Director
Sue Georgino
Burbank City Council
Mark Scott, Burbank City Manager
Amy Albano, Burbank City Attorney

9/1/2015

RE: Misc.

RE: Misc.
Dan Feger
Sent:Friday, May 15, 2015 3;15 PM
To: Sue Georgino [sg@GEORGINODEVEL.OPMENT.COM~

Went fine.
Will figure out how to package this into a contract for Commission concurrence.
Thx
From: Sue Georgino [mailto:sg@GEORGINODEVELOPMENT.COM]
Sent: Friday, May 15, 2015 11:25 AM
To: Dan Feger
Subject: Misc.

Dan,
How did your tour with Will go? I hope he was open to a conversation. 1 really think he's the key
to whether there's a deal to be made or not. As to a contract, I'm a little stumped about what to
charge and I like your idea about what the commissioners make per meeting. I think that would
convert to around $70 an hour. Which would work fine for me. As we discussed, I don't want to
nor do I have the time to do this for very long. So, I don't think I'll break your bank!
All the best,
Sue

https://email.bur.org/owa/DiscoverySearchM ailbox%76D919BA05-46A6-415f-80AD-7E09334BB852%7D@bha.la/?ae=Item&t=1PM.Note&id=RgA~AABpwnd...
/.

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From:
Sent:
Ta:
Cc;
SubJect:

pan Feger(DFEGER~bur,org)
Thursday, May 28, 2015 1127 AM
Sue Geargino (sg~georginodevelopment.com)
Terenoe R. Boga
Contract

Sue
Terence is preparing the farm of a profess(onai services agreement, and, as we discussed yesterday, it would helpful to
have a very short proposal from you that the agreement would incorporate, There should bean hourly rate, and a notto-exceed amount, at least Initially.
Also, are you an LLC or some other incorporated entity, or would this be a 1099 to an Individual?
Thanks
Dan

From:
Sent:
To:
Ca:
Subject:
Attachments:

Sue Qaorgino[sgC~GEQRGINODEVEI.OPMENT,COM]
Thursday, May 26, 2015 2.54 PM
Dan Fager
Terence R. soga
R~: Contraot
Letter far Dan Feger.docx

~~Yl,

Let me know if you need more.

Sue
From: Dan Feger [mailto;p~~GERCa~bur,c
Sentc Thursday, May 28, 2015 11;27 AM
Ta: Sue Geargino
Cc: Terence R. Boga
Subject: ConCract
Sue
Terence is preparing the form of a professional services agreement, and, as we discussed yesterday, It would helpful to
have a very short proposal from you that the agreement would incorporate, There should bean hourly rate, and a notto-exceed amount, at least initially.
Aiso, are you an LI.0 or some other incorporated entity, ar would this be a 1099 to an individual?
Thanks
Dan

Click here to report this email as spam,

May 28, 2015

Mr, Dan Feger
Executive Director
Burbank-Glendale-Pasadena Airport Authority
2627 North Hollywood Way .

Burbank, CA, 91505

Dear Mr, Feger
Pursuant to our recent conversation, i am here-in submitting the following proposal for
consultant services.
Scope of work;
General consultant services for the Burbank-Glendale-Pasadena Airport Authority
regarding the proposed 14-Gate replacement terminal.
Compensation:
Services will be billed at an hourly rate of $70. The scope of this contract will not exceed
a $5,OQ0 maximum.

Contractual Entity:
The contracting entity will ba Georgino Qevelopment LLC Tax I.D. #20.1928955.
hope this very brief proposal meets your Heads; should you require additional
information, please let me know.
Sincerely,
Susan Georgino
Principal.
Georgino Development
4555 Arcola Avenue
Toluca ~.ake, CA,, 916Q2
c: Teranae R. Baga

On May 30, 2015, at 4:36 PM, Dan Feger <DFEGER@bur.org<mailto:DFEGER@bur.org wrote:

I'll go ahead and process fihe P0.

Have a great vacation. Dan

From: Sue Georgino [sg@GEORGINODEVELOPMENT.tOM<mailto:sg~GEORGINODEVELOPME(~T.CUP!>]

Sent: Saturday, May 30, 2015 3:50 PM
To: Dan Feger
Subject: Re: Contract

Tt looks good Dan. T'm leaving tomorrow and won't be back in town until Tune 7th. I'll take
care of it then ok?
Sue
Sent from my iPhone
On May 30, 2015, at 3:05 PM, Dan Feger <DFEGER@bur.org<mailto:DFEGER@bur.org wrote:
Sue

Here is a draft agreement. If you are OK with ifi, I will have Purchasing process a Purchase
Order at which time they will ask that you exercise the agreement and acknowledge the P0.
Tentatively let's schedule June 15 with the Commission in closed session.
Thx
Dan

From: Dan Feger

Sent: Thursday, May 28, 2015 2:55 PM
To: Sue Georgino
Cc: Terence R. Boga
Subject: RE: Contract
Thanks Sue.

It is enough for me-will wait for Terence review.

From: Sue Georgino [mailto:sg(a1GE0RGINODEVELOPMENT.COM]

Sent: Thursday, May 28, 2015 2:54 PM
To: Dan Feger
Cc: Terence R. Boga
hltps:/!email.bur.org/owalDiscoverySearchM ai I box%7BD919BA05-G6A6.415f-80AD-7E09334BB852%7D@bha.la/?ae=Item&t=IPM.Note&id=RgAA/~AB~vnd...

1/2

9/1/2015

RE: Contract

Subject: RE: Contract

Dan,
Let me know if you need more.

Sue
From: Dan Feger [mailto:DFEGER bur.ar~]
Sent: Thursday, May 28, 2015 11:27 AM
To: Sue Geargino
Cc: Terence R. Boga
Subject: Contract
Sue
Terence is preparing the form of a professional services agreement, and, as we discussed
yesterday, it would helpful to have a very short proposalFrom you that the agreement would
incorporate. There should be an hourly rate, and a not-to-exceed amount, at least
initially.
Also, are you an LLC or some other incorporated entity, or would this be a 1099 to an
individual?
Thanks
Dan
<psa - georgino development llc.doc>

.Note&id=RgAAAP,Bpwnd...

https://email.bur.org/owa/DiscoverySearchMailbox%7E3D9196A05-46A6-415f-80AQ-7E093346B852%7D@bha.iN?ae=Item&t=1PM

Z2

9/1/2015

RE: Meeting

RE: Meeting
Dan Feger
Sent:Monday, June 29, 2015 7:33 PM
To: Sue Georgino [sg@GEORGINODEVELOPMENT.COM]
Hi Sue. There is a special meeting on 7uly 1 but it is mostly legal strategy. Probably not
productive for you to be there on Wednesday. Could you be a~ the July 13 meeting when we
will go over our presentation on the 15th? Thx. Dan
From: Sue Georgino [sg@GEORGINODEVELOPMENT.COM]
Sent: Monday, June 29, 2015 6:14 AM
To: Qan Feger
Subject: Meeting
Dan, is there an Authority Meeting on 7uly 1st and, if so; do you want am to be there?
Thanks so much
Sue
Sent from my iPhone

https://email.bur.org/owa/biscoverySearchMaiI box%7BD9196A05-46A6-415f-80AD-7E09334B6852%7D@bha.la/?ae=Item&t=IPM ,Note&id=RgAAnAB{nvnd.,.

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9/1/2015

RE: Meeting attendance

RE: Meeting attendance

Dan Feger
Sent:Tuesday, July 21, 2015 10:23 AM
To: Sue Georgino [sg@GEORGINODEVE~OPMENT.COM]
Yes. I need to have Karen Kirk add your name fio the "Attorneys Group" that she sets these
meetings up for.
-----Original Message----From: Sue Geargino [mailto:sg(~GEORGINODEVELQPMENT.COM]
Sent: Tuesday, July 21, 2015 10:21 AM
To: Dan Feger
Subject: Meeting attendance
Dan,
T don't want to be presumptions regarding meeting attendance. Please give me some direction
on what you'd like in that regard. For instance, you didn't "invite" me to today's
conference call Jim McDermott did. Do you want me on these calls? Do you want me to attend
the August 3rd meeting?

Thanks so much!
Sue
Sent from my iPhone

https://email.bur.org/a~a/DiscoverySearchM aiibox%7BD919BA05.4&A&415f-80AD-7E09334B8852%7D@bha.la/?ae=Item&t=IPM .Note&id=Rc,}AAAABpwnd...

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9/1/2015

RE: Special Legal Committee, closed session only, July 30 at 12:00 noon includes lunch

RE: Special Legal Committee, closed session only,7uly 30 at 12:00 noon

includes lunch
Dan Feger
Sent:Thursday, July 23, 2015 11:14 AM
70: Sue Georgino [sg@GEORGINODEVELOPMENT.COM]
Cc: Karen Kirk

That will work great.

Fram: Sue Georgino [maiito:sg@GEORGINODEVELOPMENT.COM]
Sent: Thursday, July 23, 2015 10:44 AM
To: Dan Feger
Cc: Karen Kirk
Subject: RE: Special Legal Committee, closed session only, July 30 at 12:00 noon includes lunch

Dan,
can be there at noon on that day. I have a 1 PM conference call for which I can step out if we
are still meeting.
Sue

RE:agenda for Commission Meeting on August 3-attorney client privileged

9/1/2015

RE: agenda for Commission Meeting on August 3-attorney client privileged

Dan Feger
Sent:Wednesday, July 29, 2015 11:41 AM
To: Sue Georgino [sg@GEORGINODEVELOPMEM'.COM]

L75
From: Sue Georgino [mailto:sg@GEORGINODEVELOPMENT.COM]
Sent: Wednesday, July 29, 2015 11:38 AM
To: Dan Feger
Subject: Re: agenda for Commission Meeting on August 3-attorney client privileged
Ok and if you'd like, we can chat after the conference calls.
Sent from my iPhone
On Jul 29, 2015, at 11:26 AM, Dan Feger <pFEGER

bur.or~> wrote:

OK. Anything you can think of that I should be sharing with our Commission that can help the cause
is appreciated.
Dan
From: Sue Georgino [mailtosg u~GEORGINODEVELOPMENT.COM]
Sent: Wednesday, July 29, 2015 10:58 AM
To: Dan Feger
Subject: Re: agenda for Commission Meeting on August 3-attorney client privileged
Dan, looks like a good and packed conference call agenda.
Dan, i can be with you on the conference calls but I'm probably not able to attend the authority
meeting. The Joint Commission is in all likelihood going to be at Providence St Joe's and the CE has
asked me to be there because I chair the quality.committee. The hospital has zero control and
virtually no notice from the JC and their schedule. If anything changes, I will certainly attend. I'm
sorry but the work I'm doing with the three Providence ministries is important for the 1C to see.
Sue

Sent from my iPhone

ban ~e er
Sue Georgino <sg@GEOR~[NOpEVEI.QPM~NT,COMy
Tuesday, J~ugust OA, 2015 10;02 PM
DanFeger
Terence R, sogA; John Hatanaka
Re: Burbank Airport Qpportunity site

From;
Sent:
To:
Gc:
SubjQct;

potential
I'm totally good w(th saying that I'm consulting foryou ali and g{ven that, I'm not comfortable meeting with a
developer, I wasn't sure if you wanted folks to ive adclitianaily COB Info,
Sent from my ihhone
On Auk 4, 2015, at 8:19 PM, Dan Feger ~DF~~,~~> wrots;
Sue
This puts you In a tricky place, You are a consultant and can talk to anyone you want to, but you cannot

shars information you have gotten from closed session, And our practice is not to hays any discussions
with any developers wl~o ~r~ potentl~l buyers oP Che property, and direct them to Caik directly to
CBR~, This way Chare Is no inconsistenh infortnalion being provided.

On balance, I think you should avoid having di5cusslons with this developer on anyth(ng material abouC
the property, That said, your opinions about the City of surbank are certainly fair dame for you to share
with whomever you desire.

Dan
Prom: Sue Gaorg(no[
5enr; Tuesday, August 04, 2Q15 5;00 PM
't'o; pan Feger
Sub~eckt Fwd; Burbank Airport Opportunity site

~~

How would you like me to handle this?

Sue
Sent from my IPhone
Begin forwarded message;
Fram; Russ Goodman <RGQOpMAN(~5are~~e (s.com}
Datet August a, 2015 at A~:25;3~ PM PQT
eor Inodevelo
eor inadevaln en , om" <s
To;"
site
y
Opportunit
Airport
Burbank
5ubJectt

ent.com>

Ms. Georglno
5ares-12egis Group Is one of California's largest commercial real estate developers with
over QO million sf of development fn lust our Southern Callfornla region in the fast 1U
ysars. We were founded in 1973. We are very Interested in the 59 acre site above.

It fs my understanding that you arena longer currently a Clty of Burbank department

head nor a member of the Airport Authority who Is selling the property. taut, your
opinion and knowledge of Burbank and both those entities is highly regarded, and I atn
hoping that you would be wfilfng to meat with me for a brief discussion of less than an
~
hours i wpyld be most appreGlat(ve.
IF this would be possible, and you provide me a name and number for your
adminltrAtive assistant, I will call and coordinate our schedules.
fleet regards,
Russ
Russell A, Goodman
R~gtanal President
S/~RF.S~REGIS Caroup
r,~oodma~sa~,es-re~fs.com
{805)604.7101
NLE/~SE NOTE NEW ApDR~SS:
996 S. SEAWARD AVCNUC
VENTURA, CA 93001

9/1/2015

RE: agenda for legal committee

RE: agenda for legal committee

Dan Feger
Sent:Thursday, August 13, 2015 11:17 AM
To: Sue Georgino [sg@GEORGINODEVELOPMENT.COM]

Thanks, Sue. It will be very helpful for you to be there and input on several of the issues raised by Amy and
Peter.
From: Sue Georgino [mailto:sg@GEORGINODEVELOPMENT.COM]
Sent: Thursday, August i3, 2015 11:13 AM
To: Dan Feger
Subject: Re: agenda for legal committee
Dan, I changed my appointment and will be there on Monday.
Sue

Sent from my iPhone

Dan Fe er

--~orlginal Message----Cram: Dan Feger (mailtocDFEGGR~Dbur,or~~

Sent; Thursday, August 20, 2015 7.;Q2 PM
To: Bill Wiggins; Don drown; Frank Quintero;(.aura Friedman; Kay Adams; Ross Selvldge; St~va Madison; Terry Tarnek;
Zareh Sinanyan
Cc: davfc4 Snaw; Francisca Mak; Jim McDermott; Jof~n Hatanaka; Kevin G, Eltnis; Lucy E3urghdorf; Mark M,ardyment;
Richard l.ichtenstefn; Susan Georgino; Terence R. Boga; Tam Ryan
5ub)ect; ~W; Request for Infonnat(on
Dear Commissioners
i Just received the following public records request from Council Member Cordon. I will be responding back to him

tomorrow.
Dan
----Original Message---Frorn; navid W Gordan (mailto.gnrbur~?g~cbeli,net)
Sent. Thursday, August 20, 2015 12;55 PM
Tn; Qan Feger

sub]ect: Request far Information

Dan:

It has come to my attenCion that Sue Gsorgino is providing consulting and/or other services to the 8urb~nkGlendale
Pasadena Airport Authority/commission. i waulc~ lika to see the contract that covers the prafess(onal services she may
,,
be provfdln~ to the Arport Authority/Commission Including, but not Iim(ted to, the following;
1, Scope of services
2, Date services commenced and term over which services are to be provided
3, Amptint and form of compGnsatian
4. qo services Include Ms.G~orgi~o participating in and being present during ~utltority closed sessions?
would appreciate raceiving the requested information as soon as possible,

7liank you,

David Gordon
Burbank City Cauncihnember

(If this message is Spam, please r4port 1t to IT t~ept. Thank you.)

NOTICE; Tli(s communlcatinn' may contain pr(vilsged ar other confidential Information. If you are nat the intended
rec(pient of this communication, or an empiaye~ ar agent responsible for delivering this communication to the Intended
recipient, please advise the sender by reply email and frnmediately delete the message and any atC~chments w(thout
copying ar dlsclos)ng the contents, Thank you.

Dan Feq~r
From.
Sent;
To:
Cc:
Subject:

Sue Goorc~ino <sgpG~ORGiNODEVELOpMENT,COM>

Friday, August 21, 2Q15 11;10 AM
Dan Feger
Terence f~. 6aga;lol~n Hatanaka
Re: Request for lnformatian

Looks good, Thanks for asking.

Stte
Sent from my iPlione
> On Aug 21, 2015, at 1Q;A8 AM, aan Feger <,p~[GGR~a bur,orR> wroto;
> Sue
> Any comments on this draft response back to Gordon?
> Qan

RE: Revolving Door Prohibition

9/1!2015

RE: Revolving Door Prohibition

Dan Feger
Sent:Monday, August 24, 2015 3:30 PM
70: Sue Georgino [sg@GEORGINODEVELOPMENT.CQM]
Cc: Terence R. Boga; John Hatanaka

Sue
As we approach a deal, anything thaC makes the deal easier to happen, including your advice, becomes a target.
Dan
............................................... .................................... .................................. _.... .
from: Sue Georgino [mailto:sg@GEORGINODEVELOPMENT.COM]
Sent: Monday, August 24, 2015 3:25 PM
To: Dan Feger
Ccc Terence R. Boga; Jahn Hatanaka
Subject: Re. Revolving Door Prohibition
figured that was what he was after. Thanks Dan and Terrance. I wonder why he so afraid of me. FYI, Emily asked
me if I was going to represent the Authority with respect to the deal, and I said no.
Sue
Sent from my iPhone
On Aug 24, 2015, at 3:13 PM, Dan Feger <DFEGERCa~bur.org> wrote:
Sue
In case anyone asks. Your one-year prohibition ended in 2010.
Dan

9/1/2015

RE: Revolving Door Prohibition

RE: Revolving Door Prohibition

Dan Feger
Sent:Monday, August 24, 2015 3:28 PM
To: Sue Georgino (sg@georginodevelopment.com)
Cc: Terence R. Baga; John Hatanaka

Sue
Far clarification, your one year prohibition for having worked as an employee of Burbank expired in 2011. Your
one year prohibition for having been a Commissioner is still running, until November of this year, but it does not
apply because you are not representing the Authority in front of the City.
Dan
From: Dan Feger
Sent: Monday, August 24, 2015 3:14 PM

To: Sue Georgino (sg@georginodevelopment.com)

Cc: Terence R. Boga; John Hatanaka
Subject: FW: Revolving door Prohibition
Sue
In case anyone asks. Your one-year prohibition ended in 2010.
Dan