HomeMy WebLinkAboutMINUTES - 07242012 - C.24RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Counsel, or designee, to execute on behalf of the County a conflict waiver
acknowledging a potential conflict of interest and consenting to Meyers Nave representing the City of El Cerrito, in
its capacity as successor to the El Cerrito Redevelopment Agency, in connection with potential claims against the
County related to implementation of AB 1484.
FISCAL IMPACT:
There is no fiscal impact.
BACKGROUND:
The County is an existing client of Meyers Nave. Meyers Nave represents the County in various labor and
employment matters. The City of El Cerrito is also an existing client of Meyers Nave. Meyers Nave serves as the
City Attorney for the City of El Cerrito.
The City of El Cerrito (the City) is the successor to the El Cerrito Redevelopment Agency (the Successor Agency).
Meyers Nave has been asked to advise the City, in its capacity as Successor Agency, regarding potential claims
against the County if
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/24/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Contact: Kate Andrus, Deputy County
Counsel (335-1824)
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: July 24, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: STACEY M. BOYD , Deputy
cc: Kate Andrus, Deputy County Counsel, County Administrator, County Counsel
C. 24
To:Board of Supervisors
From:Sharon L. Anderson
Date:July 24, 2012
Contra
Costa
County
Subject:APPROVE AND AUTHORIZE CONFLICT WAIVER WITH MEYERS NAVE
BACKGROUND: (CONT'D)
the Contra Costa County Auditor-Controller withholds funds from the City and the Successor Agency as part of
the implementation of recently-approved AB 1484. State law requires the Auditor-Controller to demand, by July
9, 2012, funds from the Successor Agency that may be due to other taxing entities. If the Successor Agency fails
to make the payment, the City’s sales tax and property tax distributions may be at risk. In the event any portion of
the City’s tax distributions are withheld, the interests of the City and the County with respect to any claims made
by the City or the Successor Agency with respect to the withheld distributions are potentially or actually adverse
to those of the County’s Auditor-Controller.
In the absence of the informed written consent of each client, the California Rules of Professional Conduct
prohibit an attorney from representing a client in one matter and at the same time representing a second client in a
separate matter if the second client’s interests in the separate matter are adverse to those of the first client. (Rule
3-310(C)(3))
In this instance, the representation Meyers Nave provides to the County is unrelated to the representation it
provides to the City.
Attached is a letter from Meyers Nave that describes the conflict waiver request in more detail.
CONSEQUENCE OF NEGATIVE ACTION:
If the conflict waiver is not granted, Meyers Nave will continue to represent the County in connection with
unrelated labor and employment matters and will continue to act as the City Attorney for the City of El Cerrito,
but will be unable to represent the City with respect to any claims brought by the City against the County in the
matter described above.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
Request for Conflict Waiver