REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
August 6, 2024
FROM
TOM BUNTON, County Counsel
SUBJECT
Title
Consent to Representation and Waiver of Conflict of Interest
End
RECOMMENDATION(S)
Recommendation
1. Approve a consent to representation and waiver of conflict of interest arising out of Downey Brand LLP's representation of Cadiz, Inc.
2. Authorize the County Counsel or Chief Assistant County Counsel to execute any required documentation to consent to Downey Brand LLP's representation of Cadiz, Inc., and waiver of conflict of interest.
(Presenter: Tom Bunton, County Counsel, 387-5455)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost) as the consent to representation and waiver of conflict are non-financial in nature.
BACKGROUND INFORMATION
On May 1, 2012 (Item No. 4), the Board of Supervisors (Board) adopted Resolution No. 2012-55 approving a Memorandum of Understanding (MOU) to establish a framework for development of a groundwater management plan and County oversight for the Cadiz, Inc. (Cadiz) Valley Groundwater Conservation, Recovery, and Storage Project (Project). On October 1, 2012 (Item No. 1), the Board adopted Resolution No. 2012-176 approving the Project's Groundwater Management, Monitoring and Mitigation Plan (Plan).
Commencing in approximately 2010, Downey Brand LLP (Downey) represented the County in connection with various aspects of the MOU, the Project, and the Plan, including, but not limited to, water rights, land use permitting, environmental review, and litigation that was commenced against the County following approval of the Project. Downey no longer represents the County in connection with the Project....
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