HomeMy WebLinkAboutMINUTES - 08022011 - C.30RECOMMENDATION(S):
APPROVE and AUTHORIZE County Counsel or her designee to execute on behalf of the
County a form acknowledging a potential conflict of interest and consenting to Goldfarb &
Lipman LLP representing Contra Costa County in connection with the refinancing of a
senior housing development known as Pinole Grove.
FISCAL IMPACT:
There is no negative impact on the General Fund.
BACKGROUND:
Over the years, the County has 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 a current project in which the firm
represents the County. The letter also sets forth the attorney-client relationships that could
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/02/2011 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
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V
Supervisor
Contact: Sharon L. Anderson, County
Counsel 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: August 2, 2011
David Twa, County Administrator and Clerk of the Board of
Supervisors
By: June McHuen, Deputy
cc:
C.30
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:August 2, 2011
Contra
Costa
County
Subject:CONSENT TO REPRESENTATION BY GOLDFARB & LIPMAN LLP
affect
BACKGROUND: (CONT'D)
the firm’s representation of the County. The proposed consent is attached to the letter.
A potential conflict exists in connection with Goldfarb’s representation of the County in a
transaction in which (i) a currently-outstanding County loan to an affiliate of BRIDGE
Housing Corporation (“BRIDGE”) will be refinanced, and (ii) an additional loan will be
made by the County to an affiliate of BRIDGE. Proceeds of the original loan were used
to acquire and develop Pinole Grove, a 70-unit housing development for low-income
seniors. The proposed additional loan will be used to rehabilitate the Pinole Grove
project. BRIDGE is an existing client of Goldfarb, but will not be represented by
Goldfarb in this transaction.
Staff for the County Conservation & Development Department have advised that they do
not object to the potential conflict and recommend its waiver.
CONSEQUENCE OF NEGATIVE ACTION:
Goldfarb would not be able to continue to represent the County in connection with the
refinancing and the new loan. The result would likely be increased costs for the County
and a delay in the completion of the transaction.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
July 2011 Goldfarb Consent