Agenda Item
City Council
Item #: 3.8. 1/10/2023 File #: 22-0720
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Jeff Adams, Interim Community Development Director
1. SUBJECT
First Amendment to Agreement with Kane, Ballmer & Berkman to provide attorney services for affordable housing loans.
2. SUMMARY
First Amendment to the Agreement with Kane, Ballmer & Berkman increasing compensation by an additional $40,000 to continue attorney services for affordable housing loans.
3. RECOMMENDED ACTION
1. Approve the appropriation of $40,000 from the Low & Moderate Income Housing Asset Fund (921) unreserved fund balance to expenditure account 921.6041.51670.00000.
2. Approve the First Amendment to the Subrecipient Agreement with Kane, Ballmer & Berkman increasing compensation by an additional $40,000 to continue attorney services for affordable housing loans.
4. FISCAL IMPACT
The total expenditure for this amendment is $40,000 and will be funded through the Low & Moderate Income Housing Asset Fund (921).
5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly
Goal 3: Enhance and promote quality of life in the community c: Support and enhance attractive, diverse living environments
6. DISCUSSION AND BACKGROUND
Kane, Ballmer & Berkman (KBB) has been providing legal advice and services to protect the interests of the City in connection with the development of affordable housing for over a decade. KBB has skilled Counsel with the qualifications, experience, and resources necessary to assist City Council and staff with the negotiation of affordable housing development agreements and advise on the administration and management of existing affordable housing agreements overseen by the City Housing Successor Agency.
The City was designated the Housing Successor Agency on January 10, 2012 after the dissolution of City of Orange Printed on 1/5/2023Page 1 of 2
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Item #: 3.8. 1/10/2023 File #: 22-0720
The City was designated the Housing Successor Agency on January 10, 2012 after the dissolution of the former Orange Redevelopment Agency. All housing related assets, properties, contracts, leases, and records of the former Orange Redevelopment Agency were transferred to the City Housing Successor Agency.
Most recently, KBB provided counsel for the Katella Terrace and Villa St. Joseph Affordable Housing Projects. Additional interest has been expressed by affordable housing developers seeking special City administered funding restricted to the development of affordable housing. Requests for funding will come before the City Council for consideration at a future date.
Staff is recommending the approval of the First Amendment to Kane, Ballmer & Berkman for continued attorney services related to the affordable housing loans administered and managed by the City.
7. ATTACHMENTS
· First Amendment to Agreement with Kane, Ballmer & Berkman City of Orange Printed on 1/5/2023Page 2 of 2
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