HomeMy WebLinkAboutMINUTES - 04172012 - C.80RECOMMENDATION(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 a loan of approximately
$320,000 of HOME Investment Partnerships Act (HOME) funds to Habitat for Humanity
East Bay.
FISCAL IMPACT:
There is no General Fund impact. HOME funds are provided to the County on a formula
allocation basis through the U.S. Department of Housing and Urban Development (HUD).
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 development, it is not
uncommon for the firm to have an attorney-client relationship with more than one party to a
complicated
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/17/2012 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)
335-1824
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: April 17, 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 and Development
C.80
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:April 17, 2012
Contra
Costa
County
Subject:CONSENT TO REPRESENTATION BY GOLDFARB & LIPMAN LLP
BACKGROUND: (CONT'D)
affordable housing transaction.
Attached is a letter from Goldfarb that requests that the County acknowledge and waive
the potential conflicts that exist in a situation in which Goldfarb will represent the County
by drafting documents evidencing a loan of HOME funds to Habitat for Humanity East
Bay (Habitat), while, at the same time, representing Habitat in its dealings with the City
of Walnut Creek. 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 County and Habitat. The proposed consent to Goldfarb’s dual
role is attached to Goldfarb’s letter.
In the proposed transaction, the County will loan approximately $320,000 of HOME
funds to Habitat. Proceeds from the loan will be used by Habitat to construct a 10-unit
single-family attached, affordable housing project near downtown Walnut Creek.
Goldfarb’s role in representing the County will be to draft loan documents. The loan
documents will be reviewed by the County Counsel’s office and approved as to form.
Staff for the Conservation and 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 either the County or Habitat in
connection with the project. The result would likely be increased costs for the County
and a delay in the completion of the transaction.
ATTACHMENTS
Attachment