HomeMy WebLinkAboutMINUTES - 07092013 - C.94RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Counsel, or her 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 Pinole,
in its own capacity and as the successor to the Pinole Redevelopment Agency, in connection with potential claims
against the County related to actions taken by the State Department of Finance and the State Board of Equalization in
connection with the implementation of AB X1 26 and AB 1484.
FISCAL IMPACT:
There is no financial 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 Pinole is also an existing client of Meyers Nave. Meyers Nave serves as the City
Attorney for the City of Pinole.
The City of Pinole (the City) is the successor to the Pinole Redevelopment Agency (the Successor Agency). Meyers
Nave has been asked to advise the City and the Successor Agency regarding potential claims against the State
Department of Finance (DOF), the
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/09/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Kathleen Andrus, Deputy County
Counsel, 335-1800
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 9, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Kathleen Andrus, Deputy County Counsel, David Twa, County Administrator, Sharon L. Anderson, County Counsel
C. 94
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:July 9, 2013
Contra
Costa
County
Subject:APPROVE AND AUTHORIZE CONFLICT WAIVER WITH MEYERS NAVE
BACKGROUND: (CONT'D)
State Board of Equalization, and the Contra Costa County Auditor-Controller related to the intention of the DOF
to claw back assets it alleges were improperly transferred from the Pinole Redevelopment Agency to the City. In
particular, the DOF has identified specific non-housing properties valued at approximately $24.5 million that
were transferred from the Successor Agency to the City. The DOF is demanding the return of those assets from the
City so that they may be distributed to the taxing entities.
In 2011, the City brought a validation action in the Contra Costa County Superior Court to obtain a court order
approving the transfer of the $24.5 million in assets from the former Redevelopment Agency to the City. In July
2011, the court validated and approved the transfers. To resolve the dispute with the DOF, the City and the
Successor Agency intend to file a Petition for Writ of Mandate and a Complaint for Injunctive and Declaratory
Relief against the DOF and to name the Contra Costa County Auditor-Controller as a necessary party defendant.
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 and the Successor Agency.
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 Pinole, but
will be unable to represent the City or the Successor Agency with respect to any claims brought by the City or the
Successor Agency against the County in the matter described above.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Meyers Nave Conflict Waiver July 2013