Agenda

Return

C.10

To:	Board of Supervisors
From:	Silvano B. Marchesi, County Counsel
Date:	November 10, 2009

Contra

Costa

County

Subject:

APPROVE AND AUTHORIZE CONFLICT WAIVER WITH GOLDFARB & LIPMAN LLP

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 11/10/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

(925) 335-1800

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: November 10, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the County Counsel, or his designee, to execute on behalf of the County and the Redevelopment Agency, a conflict waiver with Goldfarb & Lipman LLP (“Goldfarb”) that waives (i) an actual conflict of interest that relates to Goldfarb’s representation of the County and other public agencies in a Neighborhood Stabilization Program (NSP) for which grant funds are pending, and (ii) potential conflicts of interest that may exist as a result of Goldfarb’s representation of the County in certain specified matters (including an existing NSP Program) while maintaining attorney/client relationships with public agencies and nonprofit developers with which the County and the Redevelopment Agency carry out affordable housing and redevelopment projects.

FISCAL IMPACT:

There is no negative impact on the General Fund.

BACKGROUND:

Over the years, the County and the Redevelopment Agency have entered into contracts with Goldfarb for specialized services in connection with redevelopment projects and certain affordable housing matters. Because Goldfarb’s concentration of work is in affordable housing and redevelopment, it is not uncommon for the firm to have an attorney-client relationship with more than one party to a complicated redevelopment or housing transaction.

Attached is a letter from Goldfarb that describes current projects in which the firm represents the County. The letter also sets forth the attorney-client relationships that could affect the firm’s representation of the County.

In the absence of the informed written consent of each client, the California Rules of Professional Conduct prohibit an attorney from representing more than one party in the same transaction. (Rule 3-310 (A), (B), (C), and (E)).

In the absence of the informed written consent of each client, the California Rules of Professional Conduct prohibit an attorney from representing a client in one matter and at the same time representing a second client in a separate matter if the second client’s interests in the separate matter are adverse to those of the first client. (Rule 3-310(C)(3))

Staff for the County’s Conservation & Development Department and Redevelopment Agency have advised that they do not object to the conflicts and recommend waiver.

A copy of the proposed conflict waiver is attached.

CONSEQUENCE OF NEGATIVE ACTION:

If the conflict waiver is not granted, Goldfarb will not be able to continue to represent all of the entities it represents in these programs. The result would likely be increased costs for the County, other local public entities represented by Goldfarb, and the nonprofit developers represented by Goldfarb.