To: Board of Supervisors
Department or Agency Name(s): County Counsel
Staff Name and Phone Number: Robert Pittman, Assistant County Counsel (707) 565-2421
Vote Requirement: Majority
Supervisorial District(s): All
Title:
Title
Sonoma County Consolidated Oversight Board Legal Services Agreement
End
Recommended Action:
Recommended action
Approve and authorize the County Counsel to execute the Legal Services Agreement between the Sonoma County Consolidated Oversight Board and the Office of the Sonoma County Counsel for a three-year term ending June 30, 2022 and a not to exceed contract amount of $150,000, and approve and authorize the Chair to execute a related conflict-of-interest waiver.
end
Executive Summary:
Due to a change in state law, on July 1, 2018, the oversight boards of all individual successor agencies in Sonoma County were consolidated into a single oversight board. The Sonoma County Consolidated Oversight Board (“Consolidated Oversight Board”) has requested to retain the Office of the Sonoma County Counsel to provide as-needed legal services. Under the proposed agreement, the County Counsel’s Office would perform legal services as requested for a period of three years, in an amount not to exceed $50,000 in any single year, for a maximum of $150,000 over the proposed three-year term.
Discussion:
Background:
The State Legislature dissolved redevelopment agencies across the state on February 1, 2012. To facilitate the wind-down process, the state required the establishment of successor agencies to the redevelopment agencies to manage redevelopment projects currently underway, make payments on enforceable obligations, and dispose of redevelopment assets and properties.
The County of Sonoma was designated as the Successor Agency to the Sonoma County Community Redevelopment Agency, and the Successor Agency is staffed and administered by the Sonoma County Community Development Commission. The Successor Agency was previously governed by the Oversight Board of the Successor Agency and the Board of the Successor Agency (consisting of the members of the Board of Supervisors). The Oversight Board oversees certain aspects of the fiscal management of former redevelopment agency assets.
A recent amendment to Health and Safety Code section 34179 consolidated all individual successor agencies’ boards in Sonoma County into a single oversight board on July 1, 2018. The consolidated board is known as the Sonoma County Consolidated Oversight Board (“Consolidated Oversight Board”) and is composed of 7 members who are appointed by the County Board of Supervisors, County Superintendent of Education, Chancellor of the California Community Colleges, a city selection committee, and the employee organization representing the largest number of successor agency employees in the county. The purpose of the consolidated board is to oversee and direct the Successor Agencies of all former redevelopment agencies in Sonoma County in the process of dissolving the former redevelopment agencies.
Discussion:
The Consolidated Oversight Board has requested to retain the Office of the Sonoma County Counsel to provide as-needed legal services. Under the proposed agreement, County Counsel’s Office would perform legal services as requested for a period of three years, in an amount not to exceed $50,000 in any single year, for a maximum of $150,000 over the proposed three-year term. The costs of County Counsel’s legal services will be borne by the Auditor-Controller-Treasurer-Tax Collector as a reimbursable expense under the dissolution statutes. Health and Safety Code section 34179(j) expressly makes the cost of staffing the Consolidated Oversight Board a reimbursable from the Redevelopment Property Tax Trust Fund, and these costs are already included in the Auditor-Controller-Treasurer-Tax Collector’s approved budget.
There is a potential for conflicts of interest between the Board and the County of Sonoma and other special districts for which the Board of Supervisors act as the governing body. In particular, Counsel represents the County Successor Agency, which may bring items before the Consolidated Oversight Board. Further, the County may have an interest in certain Consolidated Oversight Board decisions, such as those affecting the receipt of tax residuals. To permit the County Counsel’s Office to represent the Board in light of such potential conflicts, both the Consolidated Oversight Board and the County Board of Supervisors must sign a waiver of such potential conflicts. The waiver makes clear that the Consolidated Oversight Board may not disqualify the Office of County Counsel from representing the County or related entities if an actual conflict arises.
Additionally, the Office of County Counsel does not carry malpractice insurance. Because County counsel attorneys are County employees, any claims for recovery for negligence would be covered by the County’s self-insurance program and governed by the provisions of the Government Code.
Prior Board Actions:
Fiscal Summary
|
Expenditures |
FY 19-20 Adopted |
FY20-21 Projected |
FY 21-22 Projected |
|
Budgeted Expenses |
50,000 |
50,000 |
50,000 |
|
Additional Appropriation Requested |
|
|
|
|
Total Expenditures |
50,000 |
50,000 |
50,000 |
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
|
|
|
|
State/Federal |
|
|
|
|
Fees/Other |
50,000 |
50,000 |
50,000 |
|
Use of Fund Balance |
|
|
|
|
Contingencies |
|
|
|
|
Total Sources |
50,000 |
50,000 |
50,000 |
Narrative Explanation of Fiscal Impacts:
Legal services costs will be funded by the Redevelopment Property Tax Trust Fund.
|
Staffing Impacts: |
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|
|
|
Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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Narrative Explanation of Staffing Impacts (If Required):
Attachments:
Legal Services Agreement, Related Conflict Waiver
Related Items “On File” with the Clerk of the Board:
NA