HomeMy WebLinkAboutMINUTES - 01102012 - C.148RECOMMENDATION(S):
CONSENT to Goldfarb and Lipman LLP providing joint representation to Contra Costa
County and Affordable Housing Associates (AHA) in connection with a loan of
approximately $1.5 million of Neighborhood Stabilization Funds to AHA.
AUTHORIZE County Counsel or her designee to execute on behalf of the County the
attached acknowledgment of potential conflicts of interest and consent to joint
representation.
FISCAL IMPACT:
There is no fiscal impact for this action.
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
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 01/10/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Gayle B. Uilkema, District II
Supervisor
Contact: Kathleen Andrus, (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: January 10, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Kathleen Andrus, Deputy County Counsel, Kara Douglas, Department of Conservation & Development
C.148
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:January 10, 2012
Contra
Costa
County
Subject:CONSENT TO REPRESENTATION BY GOLDFARB & LIPMAN LLP
BACKGROUND: (CONT'D)
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 requests that the County acknowledge and waive
the potential conflicts that exist in a transaction in which Goldfarb will represent the
County, as lender, and Affordable Housing Associates (AHA), as borrower. The letter
sets forth the attorney-client relationships that could affect the firm’s representation of
the County and makes it clear that different attorneys within Goldfarb will represent the
two sides. The proposed consent to Goldfarb’s dual role is attached to Goldfarb’s letter.
In the proposed transaction, the County will loan approximately $1.5 million of
Neighborhood Stabilization Program (NSP) funds to AHA. Proceeds from the loan will
be used by AHA to acquire and renovate a vacant bank-owned apartment complex in
Concord. Once the renovation is complete, AHA will make all sixteen rental units
available to the public as affordable housing. Goldfarb’s role in representing the County
will be to modify existing NSP loan documents - which are used by the County when
making loans to developers who purchase, rehabilitate, and sell vacant bank-owned
single-family homes - to be applicable to this transaction. The revised loan documents
will be reviewed by the County Counsel’s office and approved as to form.
Staff for the Conservation and Development Department has 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 either the County or AHA in
connection with the project. The result would likely be increased costs for the County
and a delay in the completion of the transaction.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Letter from Goldfarb