Agenda Item
City Council
Item #: 3.8. 9/12/2023 File #: 23-0589
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director
1. SUBJECT
First Amendment to Agreement with Kane, Ballmer & Berkman to provide attorney services for affordable housing loans.
2. SUMMARY
Agreement with Kane, Ballmer & Berkman for $30,000 to provide attorney services for affordable housing loan applications as needed.
3. RECOMMENDED ACTION
1. Approve the appropriation of $30,000 from the Low & Moderate Income Housing Asset Fund (921) unreserved fund balance to expenditure account 921.6041.51670.00000. Estimated fund balance after appropriation is $3,155,000 for Fiscal Year 2024.
2. 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.
4. FISCAL IMPACT
The total expenditure for this amendment is $30,000 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) 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 Counsel 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 Successor Agency.
Council formed the Successor Agency on January 10, 2012, after the dissolution of the former City of Orange Printed on 9/7/2023Page 1 of 2
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Item #: 3.8. 9/12/2023 File #: 23-0589
Council formed the Successor Agency on January 10, 2012, after the dissolution of the former Orange Redevelopment Agency. All assets, properties, contracts, leases, and records of the former Orange Redevelopment Agency were transferred to the Successor Agency.
Most recently, KBB provided counsel for the Katella Terrace and Villa St. Joseph. 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 Council for consideration at a future date.
Staff is recommending the approval of the Agreement with Kane, Ballmer & Berkman for continued attorney services in Fiscal Year 24 related to the affordable housing loans administered and managed by the City.
7. ATTACHMENTS
· Agreement with Kane, Ballmer, Berkmann
City of Orange Printed on 9/7/2023Page 2 of 2
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