TO: ADAM PIRRIE, CITY MANAGER
FROM: ALISHA PATTERSON, CITY ATTORNEY
DATE: MAY 14, 2024
Reviewed by:
City Manager: AP
SUBJECT:
Title
AUTHORIZATION TO WAIVE LEGAL CONFLICTS TO ALLOW SIX BASINS WATERMASTER TO RETAIN LEWIS BRISBOIS BISGAARD & SMITH, LLP IN A DEFENSE OF LITIGATION REGARDING STONE CANYON GROUNDWATER SEEPAGE AND FLOODING (FUNDING SOURCE: GENERAL FUND)
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SUMMARY
In April of 2023, several residents of the Stone Canyon community experienced groundwater seepage and flooding at their homes. In April of 2024, a group of approximately forty individuals, trusts, and corporate entities who allege they own homes in Stone Canyon collectively filed one legal action against twelve entities who they allege are responsible for the flooding - Victor Asemota, et al. v. City of Claremont, et al., Los Angeles County Superior Court Case No. 24STCV08598. The City of Claremont (“City” or “Claremont”) and the Six Basins Watermaster (“Six Basins”) are both named as defendants in this litigation. Claremont is represented by special legal counsel provided by the California Joint Powers Insurance Agency (CJPIA) (Kutak Rock, LLP). Six Basins would like to retain Lois Brisbois Bisgaard & Smith, LLP (“Lois Brisbois”) to defend it in this litigation.
Unrelated to the Stone Canyon litigation, a different group of attorneys at Lois Brisbois are currently representing a property owner in Claremont (the Mary L. Scott Trust) who is named in a slip and fall legal action - Alice Walsh v. City of Claremont, Los Angeles County Superior Court Case No. 22PSCV01301. Claremont is also named as a defendant in that slip and fall action and is represented by special legal counsel provided by the CJPIA (Carpenter, Rothans, & Dumont, LLP). Because there is a remote possibility that Lois Brisbois’ work on the Stone Canyon litigation and work on the unrelated Walsh slip and fall litigation could create a conflict of interest, Lois Brisbois has requested a routine conflict waiver from the City. A copy of the proposed conflict waiver is included with this report as an attachment.
RECOMMENDATION
Recommended Action
Staff recommends the City Council approve the requested conflict waiver and authorize the City Attorney to reply “Approved” to the email from Lois Brisbois that is attached to the report.
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ALTERNATIVE TO RECOMMENDATION
In addition to the recommendation, there is the following alternative:
• Request additional information from staff.
FINANCIAL REVIEW
Approving or disapproving the requested conflict waiver will have no impact on the City’s finances. In the underlying Stone Canyon litigation, the CJPIA has determined the City has insurance coverage for the claims and has retained legal counsel (Kutak Rock, LLP) to defend the City in the litigation.
The cost to prepare this report is approximately $600 and is included in the operating budget of the Administrative Services Department.
ANALYSIS
After record rainfall in the winter of 2023, several households in the Stone Canyon community experienced groundwater seepage and flooding in April of 2023. In October of 2023, eleven of these households submitted government claims against the City of Claremont alleging the City’s and other agencies’ actions or inactions caused the groundwater seepage and flooding. In April of 2024, a group of approximately forty individuals, trusts, and corporate entities who allege they own homes in Stone Canyon collectively filed one legal action against the City, Six Basins, and nine other entities (the City of La Verne, the City of Pomona, the City of Upland, the County of Los Angeles, the Pomona Valley Protective Association, Three Valleys Municipal Water District, Golden State Water Company, San Antonio Water Company, and Pomona College) - Victor Asemota, et al. v. City of Claremont, et al., Los Angeles County Superior Court Case No. 24STCV08598.
All of the plaintiffs are currently represented by Kiesel Law, LLP. The City is represented by special legal counsel retained by the CJPIA - Kutak Rock, LLP. Six Basins would like to retain Lois Brisbois to represent it in this litigation.
As noted above, a different group of attorneys at Lois Brisbois are currently representing a property owner in Claremont (the Mary L. Scott Trust) who is named in a slip and fall legal action that is unrelated to the Stone Canyon litigation - Alice Walsh v. City of Claremont, Los Angeles County Superior Court Case No. 22PSCV01301. Claremont is also named as a defendant in that slip and fall action and is represented by special legal counsel provided by the CJPIA (Carpenter, Rothans, & Dumont, LLP). Because there is a remote possibility that Lois Brisbois’ work on the Stone Canyon litigation and the firm’s work on the unrelated Walsh slip and fall litigation could create a conflict of interest, Lois Brisbois requested a routine conflict waiver from the City.
An email outlining the proposed conflict waiver is included with this report as an attachment. Staff recommends that the City Council approve the conflict waiver and authorize the City Attorney to reply “Approved” to the attached email.
LEGAL REVIEW
The City Attorney has reviewed the proposed conflict waiver and approved it as to form.
RELATIONSHIP TO CITY PLANNING DOCUMENTS
Staff has evaluated the agenda item in relationship to the City’s strategic and visioning documents and finds that it does not apply to City Planning Documents.
CEQA REVIEW
This item is not subject to environmental review under the California Environmental Quality Act (CEQA).
PUBLIC NOTICE PROCESS
The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a copy, please contact the City Clerk’s Office.
Submitted by:
Alisha Patterson
City Attorney
Attachment:
Email from Lois Brisbois Bisgaard & Smith, LLP, dated April 29, 2024