CALIFORNIA REDEVELOPMENT ASSOCIATION v. MATOSANTOS

Respondent, Patrick O'Connell, Preliminary Response to Petition for Writ of Mandate

Cal.July 25, 2011

JUL.25.2011 10:47 510 835 0730 Occ LAND USE AND CONSTRUCTION #0622 P.002 /006 OOCME A : i. i Te We % bal sok Ge SUPREME COURT OF THE STATE OF CALIFORNIA 7 oe «4 No. 5194861 CALIFORNIA REDEVELOPMENT ASSOCIATION, LEAGUE OF CALIFORNIA CITIES, CITY OF UNION CITY, CITY OF SAN JOSE, and JOHN F. SHIREY, Petitioners, v. ANA MATOSANTOS,in her official capacity as Director of Finance, JOHN CHIANG,in hisofficial capacity as the Controller of the State of California, PATRICK O’CONNELL,im his official capacity as theIre. Auditor-Controller of the County ofAlameda and as a representativeSEsCoy of the class of county auditor-controllers, Papep “a? Pee . Respondents. JU 25 201 Torin». at OR Ke, Oy} g on. tu; AB gy ae 4 Clery PRELIMINARY RESPONSE OF RESPONDENT PATRICK Dassen. O’CONNELL, AUDITOR-CONTROLLER OF THE COUNTY OF ~ ALAMEDA; TO PETITION FOR WRIT OF MANDATE; APPLICATION FOR TEMPORARYSTAY; AND SUPPORTING MEMORANDUM AND DECLARATIONS RICHARD R. KARLSSON[SBN: 71421] Interim County Counsel BRIAN E. WASHINGTON[SBN: 146807] Assistant County Counsel CLAUDE F. KOLM [SBN: 83517] Deputy County Counsel County of Alameda, Office of the County Counsel 1221 OakStreet, Suite 450 Oakland, California 94612 Telephone: (510) 272-6700 Facsimile: (510) 272-5020 Attorneys for Respondent PATRICK O’CONNELL, Auditor-Controller of the County of Alameda JUL.25.2011 10:47 510 635 0730 occ LAND USH AND CONSTRUCTION #0622 P.003 /006 set 4 A Respondent Patnck O’Connell, Auditor-Controlier of the County of Alameda (“O’Connell”), responds to the Court’s July 18, 2011 revised request for a preliminary Opposition to the Petitionas follows: O’Connell’s only interest in the matter is his ministerial role in distributing funds to taxing entities as set forth in the statutes of the State of California. (cf, Lockyer v. City and County ofSan Francisco (2004) 33 Cal.4" 1055.) Accordingly, O’ Connell will enforce the laws of the State of California unless mnstructed not to by this Court or another court of competentjunsdiction. O’Connell does not oppose the Petition and takes no position on its merits. Dated:7§ Respectfully submitted, RICHARD R. KARLSSON interim County Counsel, in and for the County of Alameda, State of California 1 I By: (i Gipate K CLAUDEF. KOLM ‘Deputy County Counsel Attorneys for Respondent PATRICK O’CONNELL,Auditor- Controller ofthe County of Alameda JUL.25.2011 10:47 510 835 0730 occ LAND USE AND CONSTRUCTION #0622 P.004 /006 ee CERTIFICATE OF COMPLIANCE I, Claude F. Kolm, Deputy County Counsel, certify under penalty of perjury that, according to the computer program Microsoft Word 2007 with whichthis brief was produced, the brief contains approximately 640 words, within the limit of 25,500 under Rule 8.360, made applicable to the instant appeal by Rule 8.412. | Executed on 25 pd , 2011, in Oakland, California. 77 - Claude F. Kolm nie _ JUL.25.2011 10:47 510 835 0730 occ LAND USE AND CONSTRUCTION #0622 P.005 /006 _¢ DECLARATION OF SERVICE VIA FIRST-CLASS U.S. MAIL AND FACSIMILE ‘1, Dalia Liang, declare: I am employed bythe Office of the County Counsel, County of Alameda, State of California, over the age of eighteen and not a party to the within cause. My business address is 1221 Oak Street, Suite 450, Oakland, California 94612-4296, whichis located in the county where the below- described services occurred. | On July 25, 2011, IL served a copy ofthe followmg document via facsimile transmission to the person whose facsimile numberjs listed below. The facsimile was transmitted via facsimile number (5 10) 835- 0730, anda transmittal report was produced to confirm thatthe transmission was completed withouterror. DOCUMENT SERVED: PRELIMINARYRESPONSE OFRESPONDENTPATRICK O'CONNELL, AUDITOR-CONTROLLER OF THE COUNTY OFALAMEDA, TO PETITIONFOR WRIT OFMANDATE; APPLICATIONFOR TEMPORARYSTAY; AND SUPPORTING MEMORANDUMAND DECLARATIONS PERSON SERVEDBY FAX: Steven L. Mayer Howard Rice Nemerovski CanadyFalk & Rabkin Fax No.: 415-677-6262 Also on July 25, 2011, I served copies of the same documentvia U.S. First-Class Mail, by depositing the copies m sealed envelopes with fully prepaid postage and addressed as follows, at a collection box regularly maintainedby the United States Postal Service: 3 JUL.25.2012 12:12 510 835 0730 occ LAND U SE AND CONSTRUCTION #0624 P.006 /006 PERSONS SERVED BY U.S. MAIL: Steven L. Mayer Howard Rice Nemerovski Canady Falk & Rabkin Three Embarcadero Center, 7th. Floor San Francisco, CA 9411] Jennifer K. Rockwell Department of Finance State Capitol, Room 1145 ‘Sacramento, CA 95814 Richard John Chivaro Office of the State Controller 300 Capitol Mall, Suite 1850 Sacramento, CA 95814 Ross C. Moody Office of the Attorney General 455 Golden Gate Avenue, Suite 11000 _ San Francisco, CA 94102 i declare under penalty ofperjury underthe lawsofthe State of Californiathat the foregoing is true and correct to the best ofmy knowledge. Executed at Oakland, California, on July 25, 2011. Dilfer | Dalia Liang