RES-OB-0029 Attorney Services Agreement ApprovalRESOLUTION NO.OB -0029
A RESOLUTION OF THE OVERSIGHT BOARD OF
THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY APPROVING AN
ATTORNEY SERVICES AGREEMENT WITH
KANE, BALLMER & BERKMAN TO PROVIDE
LITIGATION SERVICES.
WHEREAS, Assembly Bill xl 26 ( "AB 26 ") and AB xl 27 were passed by the State
Legislature on June 15, 2011 and signed by the Governor on June 28, 2011; and
WHEREAS, among other things, AB 26 amended Sections 33500, 33501, 33607.5
and 33607.7 of the California Health and Safety Code and added Part 1.8 and Part 1.85 of
Division 24 to the California Health and Safety Code; and
WHEREAS, by enactment of Part 1.85 of Division 24 of the California Health and
Safety Code, subject to all reservations herein stated, the Orange Redevelopment Agency
the "Agency ") was dissolved as of February 1, 2012; and
WHEREAS, Assembly Bill 1484 ( "AB 1484 ") was passed by the State Legislature
on June 27, 2012 and signed by the Governor on June 27, 2012 which adds and amends
certain provisions contained in AB 26, including the process for adopting Recognized
Obligation Payment Schedules; and
WHEREAS, California Health and Safety Code Section 34173(a) designates
successor agencies as successor entities to former redevelopment agencies; and
WHEREAS, on January 10, 2012, by Resolution No. 10625, the City of Orange
declared itself as the successor agency (the "Successor Agency ") upon the dissolution of the
Agency, subject to all reservations stated in such resolution; and
WHEREAS, the Oversight Board of the Successor Agency to the Orange
Redevelopment Agency (the "Oversight Board ") has been established to direct the Successor
Agency to take certain actions to wind down the affairs of the Agency in accordance with the
California Health and Safety Code; and
WHEREAS, California Health and Safety Code Section 34177.3(b) authorizes a
Successor Agency to create an enforceable obligation to conduct wind -down activities of the
dissolved redevelopment agency, such as hiring staff, acquiring necessary professional
administrative services and legal counsel, and procuring insurance.
WHEREAS, California Health and Safety Code Section 34171(d)(1)(F) provides for
Successor Agencies to enter into contracts or agreements necessary for the administration or
operation of the successor agency including but not limited to agreements concerning litigation.
NOW, THEREFORE, the Oversight Board of the Successor Agency to the Orange
Redevelopment Agency does hereby resolve as follows:
Section 1. The Oversight Board hereby finds and determines that the foregoing
recitals are true and correct.
Section 2. All legal prerequisites to the adoption of this Resolution have
occurred.
Section 3. The Oversight Board hereby approves the Attorney Services
Agreement with Kane, Ballmer & Berkman in an amount not to exceed $100,000.
Section 4. The Executive Director is hereby authorized, on behalf of the
Successor Agency, to sign all documents necessary and appropriate to carry out and
implement the Agreement, and to administer the Agency's obligations, responsibilities and
duties to be performed under the Agreement.
Section 6. The Clerk of the Oversight Board shall certify to the adoption of this
Resolution.
Section 7. This Resolution shall take effect immediately upon its adoption.
ADOPTED this 27 day of February, 2013
CAW
ion f tkke Oversight Board to the Successor
of th Orange Redevelopment Agency
ATTEST:
Mary E. Mu by
Clerk of the Oversight Board
14
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
Oversight Board of the Successor Agency to the Orange Redevelopment Agency at a regular
meeting thereof held on the 27 day of February, 2013, by the following vote:
AYES: BOARDMEMBERS: Reml and, Christensen, Davert, Buttress, Cavecche, Schulze
NOES: BOARDMEMBERS: None
ABSENT: BOARDMEMBERS: Yarbrough
ABSTAIN: BOARDMEMBERS: None
4r
Mary E. rphy
Clerk of the Oversight Board