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Home My WebLink AboutMINUTES - 12032013 - C.16RECOMMENDATION(S): APPROVE and AUTHORIZE the County Counsel, or designee, to execute, on behalf of Contra Costa County, a contract for specialized legal services with Burke, Williams and Sorensen, LLP ; AUTHORIZE County Counsel, or designee to execute a conflict waiver on behalf of the County allowing Burke, Williams and Sorensen, LLP to represent the County, while also representing the City of Brentwood in connection with a lawsuit against the California Department of Finance in which the County Auditor-Controller is a real party. FISCAL IMPACT: Services under this contract are billed at a rate of $295 per hour for partners, $195 per hour for associates and $135 per hour for paralegal assistants. Costs are authorized by and charged to pertinent project accounts. BACKGROUND: The County has filed litigation in Los Angeles County captioned Contra Costa County v. Martha E. Romero, Los Angeles Superior Court Case No. BC 522936. Burke, Williams and Sorensen, LLP has offices in the Los Angeles area and provides specialized legal services applicable to this litigation. County Counsel believe that the services of Burke, Williams and Sorensen, LLP will be of assistance to the County Counsel’s Office in litigating this matter. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/03/2013 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: Rebecca Hooley, 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: December 3, 2013 David Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: Burke, Williams, Sorensen (via County Counsel), Auditor-Controller, Treasurer-Tax Collector C. 16 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:December 3, 2013 Contra Costa County Subject:Contract With Burke, Williams & Sorensen for Specialized Professional Services; Waive Conflict of Interest BACKGROUND: (CONT'D) Additionally, Burke, Williams & Sorensen has represented the County in certain eminent domain matters. Burke, Williams & Sorensen also serves as legal counsel to the City of Brentwood ("City") in connection with a lawsuit against the California Department of Finance, in which the Contra Costa County Auditor-Controller is a real party in interest. The dispute centers around the interpretation of recently enacted State law, which eliminated redevelopment agencies and changed the way in which each county’s auditor-controller distributes certain tax revenues. The City seeks a writ of mandate asking the court to (1) order the Department of Finance to reverse its demand that monies paid to the City by the City’s redevelopment agency prior to its dissolution be remitted to the Contra Costa County Auditor-Controller; (2) issue a judicial declaration that the Department of Finance has no authority to deny the transfer of nine land parcels; (3) find that certain agreements relating to public improvements continue to be enforceable obligations justifying future tax increment funding; and (4) find that legal expenses incurred by Brentwood’s Oversight Committee are enforceable obligations, which are payable outside of the administrative allowance. The interests of the City and the Auditor-Controller are potentially adverse in this matter. 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 interest in the separate matter are adverse to those of the first client (Rule 3-310(C)(3)). In this instance, the representation Burke, Williams & Sorensen may provide to the County in eminent domain matters and Contra Costa County v. Martha E. Romero, Los Angeles Superior Court Case No. BC 522936 is unrelated to the representation it provides to the City. Attached is a letter from Burke, Williams & Sorensen that describes the conflict waiver request in more detail. CONSEQUENCE OF NEGATIVE ACTION: If the conflict waiver is not granted, Burke, Williams & Sorensen will continue to represent the City with respect to the lawsuit against the California Department of Finance, in which the Contra Costa County Auditor-Controller is a real party in interest, but will be unable to represent the County in Contra Costa County v. Martha E. Romero, Los Angeles Superior Court Case No. BC 522936 and eminent domain matters. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS County Conflict Waiver Letter BURI<E, WILLIAMS & SORENSEN, LLP 1901 Harrison Street - Suite 900 Oakland, C~liforni~ 94612-3501 voice S I O.Z73.8780 -fax 5 I 0.839.9 104 www.bwslaw.com Direct No.: 510.273.8778 November 15, 2013 Sharon L. Anderson, County Counsel Contra Costa County 651 Pine Street, 9t" Floor Martinez, CA 94553 Re: Conflict Waiver Dear Ms. Anderson: This letter is written to confirm, as required by the California Rules of Professional Conduct Rule 3-310(C)(3), that the County of Contra Costa ("County") consents to the continued representation of the City of Brentwood ("City") by Burke, Williams &Sorensen, LLP ("Burke") with regard to City of Brentwood, et al. v. California Department of Finance, which involves a challenge to the Department of Finance's final due diligence review determination for the Successor Agency to the former Brentwood Redevelopment Agency. The County wishes to retain Burke to represent it in Contra Costa County v. Martha E. Romero, a professional liability lawsuit brought by the County against its former bankruptcy attorney. Burke also has represented the County in eminent domain matters, and the County may choose to retain it again in such matters in the future. The need for this informed written consent and waiver of possible conflicts of interest arises because the County Auditor Controller is a real party in interest in the above referenced Department of Finance lawsuit. It is important to note that, even though these representations will be occurring concurrently, the matters Burke will be handling for the County are separate and wholly unrelated to the matter Burke is handling for the City. California State Bar Rule of Professional Conduct 3-310(C)(3) requires informed written consent from both clients before a law firm may represent a client in a matter and at the same time, in a separate matter, accept as a client a person or entity whose interest in the first matter is adverse to the client in the first matter. A waiver letter similar to this letter has been executed by the City of Brentwood. Los Angeles - Inland Empire - Merin County - Oakland - Orange County - Palm Deser[ - Silicon Valley - Ventura County BURI<E, WILLIFlMS & SORENSEN, LLP Sharon L. Anderson, County Counsel Rebecca J. Hooley November 15, 2013 Page 2 Please confirm the County's informed written consent to Burke's continued representation of Brentwood in the Department of Finance lawsuit while simultaneously representing the County in the Romero lawsuit and eminent domain matters by executing and returning a copy of this letter to me at your earliest opportunity. We wish to assure you that we will be loyal and zealous in our representation of the County and will keep all client information confidential. Very truly yours, BUR WILLIAMS & SORENSEN, LLP _-~~~/ J. LEAH CASTELLA By signing below, the undersigned confirms that the County of Contra Costa has been informed and hereby consents in writing to Burke concurrently representing the City of Brentwood in a matter unrelated to any matter for which the County wishes to retain Burke, Williams &Sorensen, LLP. Dated:COUNTY OF CONTRA COSTA By: SHARON L. ANDERSON County Attorney