HomeMy WebLinkAboutOB Item No 6 Legal Council Services 09-23-2014OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE
TO: CHAIRMAN OSTER AND
MEMBERS OF THE OVERSIGHT BOARD
FROM: BARBARA LEIBOLD, SUCCESSOR AGENCY COUNSEL
DATE: SEPTEMBER 23, 2014
SUBJECT: OVERSIGHT BOARD LEGAL COUNSEL SERVICES
Recommendation
It is recommended that the Oversight Board consider and direct staff as to ongoing legal
services to the Oversight Board and take one of the following actions:
a) Extend the Legal Services Agreement, as amended, to June 30, 2015 by
approving and adopting Resolution No. OB- 2014 -007 A RESOLUTION OF
THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
APPROVING AMENDMENT NO. 2 TO OVERSIGHT BOARD LEGAL
SERVICES AGREEMENT;
b) Extend the Legal Services Agreement subject to different terms as directed
by the Oversight Board;
c) Discontinue general counsel services and direct staff to retain legal counsel
on an as needed basis as determined by the Oversight Board; or
d) Direct staff to prepare a Request For Qualifications to identify candidates to
provide legal services to the Oversight Board.
Background
On May 28, 2013, the Oversight Board approved a Legal Services Agreement with
attorney Phillip Barry Greer. The term of the Agreement commenced on June 1, 2013
and expired on May 31, 2014. Exhibit "B" to the Agreement sets forth the fees to be
paid for general legal services as follows:
"Greer shall be compensated for the performance of General Legal
Services by way of a retainer in the amount of $2,000 per month;
provided, however, in the event the Board cancels one or both of its
regularly scheduled meetings in any month, the retainer for that month
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Amendment No. 2 to Oversight Board Legal Service Agreement
September 23, 2014
shall be reduced to $1,000. In the event the Board changes its regularly
scheduled meetings to a quarterly basis, the Parties agree to engage in
good faith negotiations to reevaluate and establish an appropriate and fair
retainer to be paid for General Legal Services."
At the February 25, 2014 meeting, the Oversight Board adopted a quarterly meeting
schedule and approved Amendment No. 1 to the Legal Services Agreement amending
Exhibit "B" to provide for compensation for General Legal Services to $1000 per quarter.
Fees for Oversight Board Legal Counsel services are paid from the Successor Agency's
administrative cost allowance calculated and capped in accordance with the Dissolution
Act.
Discussion
At the February 25, 2014 meeting, the Oversight Board directed staff prepare an item
for consideration at this Oversight Board meeting to discuss future ongoing legal
services.
Oversight Board staff is requesting direction from the Board as to whether it wants to
continue to retain legal counsel and, if so, whether it desires to extend the existing Legal
Services Agreement, as amended, or take a different action. Four alternative actions
are provided for in the Recommendation Section of this Report.
If the Board elects to direct staff to prepare a Request For Qualifications, staff will
require direction from the Oversight Board on the following: scope of work, selection
criteria, selection process and provision of legal services during the RFQ process.
Prepared by: Barbara Leibold, Successor Agency Counsel
Attachment:
Resolution No. Ob- 2014 -007 A Resolution Of The Oversight Board To The Successor
Agency Of The Redevelopment Agency Of The City Of Lake Elsinore Approving
Amendment No. 2 To Oversight Board Legal Services Agreement.
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RESOLUTION NO. OB- 2014 -007
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF LAKE ELSINORE APPROVING AMENDMENT NO. 2
TO OVERSIGHT BOARD 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 approved a Legal Services Agreement with
attorney Phillip Barry Greer for a term commencing June 1, 2013 and expiring May 31,
2014 with fees for general legal services based upon the then bi- monthly regular
meeting schedule of the Board; and
WHEREAS, on February 25, 2014, the Oversight Board approved Amendment
No. 1 to the Legal Services Agreement revising the compensation schedule consistent
with the Board's revised quarterly meeting schedule; and
WHEREAS, The Oversight Board desires to extend the Legal Services
Agreement for an additional one -year term.
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. The Board authorizes the Chairman to execute an Amendment No.
2 extending the term of the Agreement to June 30, 2015 subject to all of the terms and
conditions as set forth in the Legal Services Agreement as amended by Amendment
No. 1. Said Amendment No. 2 shall be immediately effective.
SECTION 3. 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 RESOLUTION NO. OB 2014 -_
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Oversight Board hereby declares that it would have adopted this Resolution irrespective
of the invalidity of any particular portion thereof.
SECTION 4. 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 23rd day of September, 2014 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dave Oster, Chairperson
Oversight Board to the Successor Agency
of the Redevelopment Agency of the City of
Lake Elsinore
APPROVED AS TO FORM:
Phillip Greer, Oversight Board Counsel
ATTEST:
Virginia J. Bloom, Oversight Board Secretary