HomeMy WebLinkAboutMINUTES - 11122013 - C.65RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Counsel, or designee, to execute a conflict waiver with Goldfarb &
Lipman allowing that firm to continue to represent the County on redevelopment dissolution matters, and
County-funded housing programs while also representing the El Cerrito Municipal Services Corporation, in
connection with a dispute with the State Department of Finance related implementation of AB x126 and AB 1484.
FISCAL IMPACT:
There is no financial impact.
BACKGROUND:
The County is an existing client of Goldfarb. Goldfarb represents the County on various legal issues related to
redevelopment dissolution, new development financed by the County, and the preparation of legal documents for
County-funded housing programs.
The El Cerrito Municipal Services Corporation (MSC), the City of El Cerrito (City), and the Successor Agency to the
El Cerrito Redevelopment Agency (Successor Agency) have filed a lawsuit against the California Department of
Finance (DOF) alleging primarily that DOF is improperly attempting to require the MSC to return funds transferred
to the MSC by the former El Cerrito Redevelopment Agency prior to the dissolution of the former Redevelopment
Agency. 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 Redevelopment Agency.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/12/2013 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, (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: November 12, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc: Kathleen Andrus, Deputy County Counsel, David Twa, County Administrator
C. 65
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:November 12, 2013
Contra
Costa
County
Subject:APPROVE AND AUTHORIZE CONFLICT WAIVER WITH GOLFARB & LIPMAN LLP
BACKGROUND: (CONT'D)
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 lawsuit names the County Auditor-Controller as a respondent, as the suit seeks an order that would prohibit
the Auditor-Controller from exercising certain property tax offsets against the City as allowed in the
redevelopment dissolution statutes. The lawsuit also names the County, as well as other taxing entities, as real
parties in interest, since the result of the lawsuit could impact funds distributed to the County and other taxing
entities. Currently, the MSC, the City and the Successor Agency are represented by Meyers Nave. Goldfarb has
been asked to advise the MSC, as the MSC is a separate legal entity independent from the City of El Cerrito and
the Successor Agency. Goldfarb will not consent to advise the MSC unless and until the County and the MSC
consent.
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. In this
instance, the representation Goldfarb provides to the County is unrelated to the representation it would provide to
the MSC. Attached is a letter from Goldfarb that describes the conflict waiver request in more detail.
CONSEQUENCE OF NEGATIVE ACTION:
If the conflict waiver is not granted, Goldfarb will continue to represent the County in connection withunrelated
projects, but will be unable to represent the MSC with respect to the matter described above.
ATTACHMENTS
Conflict Waiver - Goldfarb (El Cerrito) 2013.pdf