HomeMy WebLinkAboutOB Reso No 2013-005RESOLUTION NO. OB- 2013 -005
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF LAKE ELSINORE APPROVING A LEGAL
SERVICES AGREEMENT
WHEREAS, the Oversight Board to the Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore ( "Oversight Board ") has been established to direct
the Successor Agency to take certain actions to wind down the affairs of the former
Redevelopment Agency of the City of Lake Elsinore in accordance with the California
Health and Safety Code; and
WHEREAS, pursuant to Health and Safety Code Section 34179(n), the Oversight
Board may in furtherance of its duties under the Dissolution Act direct the Successor
Agency to provide additional legal advice beyond what is given by the Successor
Agency staff; and
WHEREAS, the Oversight Board desires to retain independent legal counsel;
and
WHEREAS, the sole source of funds available to pay for legal services to the
Oversight Board is and shall be limited to real property tax trust funds ( "RPTTF ")
allocated to the Successor Agency either as a project cost permitted as an enforceable
obligation on the ROPS as approved by the Successor Agency, Oversight Board and
the DOF or as part of the Successor Agency's administrative cost allowance; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and incorporated
herein by reference.
SECTION 2. Based on the Recitals set forth above and consistent with the
legislative authorization contained in AB 1484 allowing the Oversight Board to direct the
Successor Agency to provide additional legal advice beyond what is given by the
Successor Agency staff, the Oversight Board hereby approves the Legal Services
Agreement with Phillip Barry Greer in substantially the form attached to the staff report
in the Oversight Board's Agenda for its May 28, 2013 meeting and authorizes the
Chairman to execute the Legal Services Agreement in such final form as approved by
the Oversight Board.
OVERSIGHT BOARD RESOLUTION NO. OB 2013 -005
Page 2
SECTION 3. The Oversight Board authorizes and directs the Successor Agency
to list the estimated costs of general legal services pursuant to the Legal Services
Agreement as part of its administrative cost allowance and to present an updated
administrative budget to the Oversight Board for approval. The Oversight Board further
authorizes and directs the Successor Agency to list the estimated cost of litigation
services, if any, pursuant to the Legal Services Agreement on future ROPS or amended
ROPS as an enforceable obligation "project cost' payable from RPTTF to be allocated
to the Successor Agency.
SECTION 4. If any provision of this Resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Resolution which can be given effect without the invalid provision or
application, and to this end the provisions of this resolution are severable. The
Oversight Board hereby declares that it would have adopted this Resolution irrespective
of the invalidity of any particular portion thereof.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Oversight
Board to the Successor Agency of the Redevelopment Agency of the City of Lake
Elsinore, held this 28th day of May, 2013.
Chairperson, Oversight Board to the
Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore
0
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia J. Bloom, Clerk of the Oversight Board and City Clerk of the City of Lake
Elsinore, California, hereby certify that Resolution No. OB- 2013 -005 was adopted by the
Oversight Board to the Successor Agency of the Redevelopment Agency of the City of
Lake Elsinore, California, at a regular meeting held on the 28th day of May 2013, and
that the same was adopted by the following vote:
AYES: Board Members Kelley, Landon, Lassey, Tisdale, Vice -Chair Oster and
Chairman Williams
NOES: None
ABSENT: Board Member Schultz i
ABSTAIN: None ^ 0
Virginia loon
Clerk of t e Boa