Jennifer Connally
From: Melissa Crosthwaite
Sent: Tuesday, October 24, 2023 2:43 PM
To: Jennifer Connally
Cc: Jessica Herrera
Subject: KBB Agreement- September 12, 2023
For the Clerk's Records:
Item 3.8 on the September 12, 2023 City Council agenda was approval of an agreement with Kane, Ballmer & Berkman (KBB). The subject line of the Agenda Item (Staff Report) was "First Amendment to Agreement with Kane, Ballmer & Berkman to provide attorney services for affordable housing loans." The agreement attached to the Agenda Item was an original agreement (not a First Amendment). In addition, the recommended Action No. 2 (Section 3) was "Approve the Agreement with Kane, Ballmer & Berkman for $30,000 to provide attorney services for affordable housing loans as needed; and authorize the Mayor and City Clerk to execute on behalf of the City." It is my understanding that the subject line's use of "First Amendment to" was a clerical error. The City Council approved an original Agreement with KBB as evidenced by its motion to approve the recommended actions and the supporting documentation (the original agreement with KBB was attached). The subject matter was also appropriately described on the agenda in substantial compliance with the Brown Act as it referenced "agreement" with KBB. There are no further concerns from this office.
Thank you,
MELISSA M. CROSTHWAITE
SENIOR ASSISTANT CITY ATTORNEY
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