HomeMy WebLinkAbout07.D- City Attorney DOC ID: 2044
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Report/Information
From: James F. Penman M/CC Meeting Date: 10/15/2012
Prepared by: Jolena E. Grider, (909) 384-
5355
Dept: City Attorney Ward(s): All
Subject:
Waiver of Conflict of Interest and Authorizing the City Attorney to Represent the Economic
Development Corporation and Affordable Housing Solutions.
Financial Impact:
Motion: Waive the conflict of interest between the City of San Bernardino and the
Economic Development Corporation and Affordable Housing Solutions and
authorize the City Attorney to represent the Economic Development Corporation
and Affordable Housing Solutions.
Synopsis of Previous Council Action:
Backeround:
The Economic Development Corporation(EDC) and Affordable Housing Solutions(AHS) are
both non-profit entities that were established by the former Redevelopment Agency of San
Bernardino. Both entities have a number of pressing issues that they are facing and are in need
of legal advice. It is a conflict of interest for the City Attorney to advise and represent the City
of San Bernardino, EDC and AHS because the City might technically have recourse against one
or both of the other entities if the liability of either one or both was subsequently charged to the
City or the City as Successor Agency.
After conferring with Tom Clark, our outside counsel on RDA wind down matters,we have
determined that it would be in the best interest of the City if legal representation was being
provided to the EDC and AHS because negative consequences to them may accrue to the City as
Successor Agency and the City as well.
Supyortina Documents:
Updated: 10/9/2012 by Linda Sutherland W#MW Pg. 47