Report to City Council and Successor Agency
Tuesday, April 21, 2020
Consent
SUBJECT:
Title
APPROVE AND AUTHORIZE THE CITY MANAGER/EXECUTIVE DIRECTOR OR CITY ATTORNEY/AGENCY COUNSEL TO CONSENT TO NIXON PEABODY CONFLICT OF INTEREST WAIVER LETTER (CITY COUNCIL AND SUCCESSOR AGENCY)
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I. SUMMARY
Conflict waivers are occasionally necessary when the City's legal team represents a client that has business before the City or one of its agencies. This is unlikely to arise with the City Attorney's firm, Aleshire & Wynder, because it only represents public agencies, but the City sometimes hires specialized outside counsel, such as disclosure counsel on bond issues. Nixon Peabody has been the Disclosure Counsel on a number of recent City bond issues, such as the Pension Obligation Bonds and the Measure R/Measure M Bonds, and part of the team preparing the 2007 Tax Allocation Bonds and the 2010 Housing Bonds of the Successor Agency.
Nixon Peabody also represents Bridge Development, which is part of the development team that the Carson Reclamation Authority ("Authority") is negotiating with on Cells 3, 4 and 5. Given that the City could be involved in the project from the land use approval perspective and a Development Agreement, and the Successor Agency is still petitioning the State to allow the 2020 Series C Tax Allocation Bond (for which Nixon Peabody is also the Disclosure Counsel), it is necessary to bring a conflict waiver letter for the City Council/Successor Agency to approve.
II. RECOMMENDATION
Recommendation
1. Acting as the City Council:
APPROVE and AUTHORIZE the City Manager or City Attorney to consent to Nixon Peabody conflict of interest waiver letter in Exhibit 1.
2. Acting as the Successor Agency:
APPROVE and AUTHORIZE the Executive Director or Agency Counsel to consent to Nixon Peabody conflict of interest waiver letter in Exhibit 1.
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III. ALTERNATIVES
DO not approve the conflict waiver.
IV. BACKGROUND
The Carson Reclamation...
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