HomeMy WebLinkAboutMINUTES - 10012013 - C.08RECOMMENDATION(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 own capacity and as the successor to the El Cerrito Redevelopment Agency, in connection with a dispute with the
State Department of Finance over various conveyances that occurred prior to 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 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 and the Successor Agency regarding potential claims against the State
Department of Finance
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/01/2013 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
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Kathleen M. Andrus, (925)
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: October 1, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Kathleen M. Andrus, Deputy County Counsel, David Twa, County Administrator
C. 8
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:October 1, 2013
Contra
Costa
County
Subject:APPROVE AND AUTHORIZE CONFLICT WAIVER WITH MEYERS NAVE
BACKGROUND: (CONT'D)
(DOF) related to the efforts of the DOF to claw back assets it alleges were improperly transferred from the El
Cerrito Redevelopment Agency to the El Cerrito Municipal Services Corporation (MSC), a separate legal entity
independent from the City of El Cerrito. Specifically, following its review of the Successor Agency’s Other
Funds and Accounts Due Diligence Review, the DOF notified the Successor Agency that various financial
transfers and property conveyances that were made by the former Successor Agency to MSC have been
disallowed by the DOF. The DOF is demanding that the Successor Agency remit $1,981,989 to the County
Auditor-Controller and reverse various property conveyances that were made before the dissolution of the former
Agency. If the DOF is successful in effecting the return of those assets from the MSC, the assets will be
distributed to the taxing entities.
The Successor Agency disagrees with the DOF. The Successor Agency intends to file a Petition for Writ of
Mandate and a Complaint for Injunctive and Declaratory Relief against the DOF. The County, in its capacity as a
taxing entity, will be named as a real party in interest in the Successor Agency’s action.
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 El Cerrito,
but will be unable to represent the City or the Successor Agency with respect to the matter described above.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Conflict Waiver with Meyer Nave