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Home My WebLink AboutMINUTES - 11182008 - C.92 fT TO: BOARD OF SUPERVISORS Contra FROM: Silvano. B.. Marchesi, County Counsel �� - Costa County DATE: November 18,.2008 SUBJECT: Consent To Representation by Goldfarb & Lipman 10 SPECIFIC.REQUEST(S).OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION RECOMMENDATIONS CONSENT to Goldfarb & Lipman's representation of Contra Costa County in connection with the Lafayette Senior Housing located in Lafayette, California (the "Development") in which the law firm has an existing attorney-client relationship with Eden Housing. APPROVE and AUTHORIZE County Counsel or his designee to execute the attached consent of potential conflict of interest. BACKGROUND/REASONS FOR RECOMMENDATIONS Over the years, the County has entered into contracts with Goldfarb & Lipman for consulting services in connection with the CDBG, HOME and HOPWA programs. Because Goldfarb & Lipman'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. The County has requested that Goldfarb & Lipman represent it in its role as a lender of CDBG and HOME funds for a 48 unit senior housing development in Lafayette, California ("Project"). While no conflict currently exists, Goldfarb & Lipman has an ongoing attorney/client relationship with Eden Housing, Inc. ("Eden"). Goldfarb & Lipman has represented Eden regarding land use approvals with the City of Lafayette for the Project, but has not been asked by Eden to represent them further in connection with the Project. Attached is a letter from Goldfarb & Lipman describing the project in which the law firm will be assisting the County, disclosing the existing attorney-client relationship, and requesting the County's acknowledgment and consent. CONTINUED ON ATTACHMENT: L YES SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE v DROVE OTHER SIGNATURE (S): ACTION OF BO9N '`�'y � �S Z6:0?y APPROVED AS RECOMMENDV OTF VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: IHEREBY CERTIFY THAT THIS.IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED N THE MINUTES.OF THE BOARD OF SUPERVISORS.ON.THE DATE SHOWN. ATTESTED JOHN B.6466EN,.CLERK OF.THE BOARD OF SUPERVISORS AND.COUNTY cc: Contact: Jim Kennedy, Redevelopment ADMINISTRATOR (335-1255) Goldfarb & Lipman (via County Counsel) County Administrator BY je&t� County Counsel DEPUTY H:\Board Orders\Board Order.Goldfarb&Lipman.Consent To Representation.Lafayette Senior Housing.wpd I g o l d f a r b 1300 Clay Street, Ninth Floor i p m a n Oakland, California 94612 attorneys 510 836-6336 M David Kroot September 17, 2008 Lee C. Rosenthal John T. Nagle Polly V. Marshall Woody Karp Eden Housing Lynn Hutchins 22645 Grand Street Karen M. Tiedemann Hayward, CA 94541 Thomas H. Webber Jahn T. Hoygood Sharon Anderson Contra Costa County Dianne Jackson McLean Chief Assistant County Counsel Michelle D. Brewer 651 Pine Street, 9th Floor Jennifer K. Bell Martinez, CA 94553 Robert C. Mills Isabel L. Brown Re: Potential Conflict of Interest—Lafayette Senior Housing James T. Diamond, Jr. Margaret F. Jung Dear Mr. Karp and Ms. Anderson: Heather J. Gould William F. DiCamillo We are writing this letter to advise Contra Costa County(the "County") and Eden Housing, Inc., ("Eden") of a potential conflict of interest by Goldfarb & Lipman LLP Juliet E. Cox ("Goldfarb & Lipman") in connection with the development of a 48 unit senior housing :rico Williams Orcharton development in Lafayette, California(the "Project"), and to request your Amy DeVaudreuil acknowledgement and consent to a potential conflict of interest. Barbara E. Kautz ' The County has requested that Goldfarb & Lipman represent it in its role as a lender of Luis A. Rodriguez CDBG and HOME funds for the Project. Xochitl Marquez Rafael Yaquian While no conflict currently exists, we have an ongoing attorney/client relationship with Eden, and have represented Eden regarding land use approvals with the City of i Lafayette for the Project, but have not been asked by Eden to represent them further in connection with the Project. Facsimile As attorneys, we are governed by specific rules relating to-our representation of clients 510836-1035 Francasccoo San Francisco when potential conflicts of interest exist. According to Rules 3-310 (A), (B), (C), and (E) of the Rules of Professional Conduct of the State Bar of California, we must 415 788-6336 disclose certain information, and obtain the written consents of the County and Eden in Los Angeles order to represent the County in connection with its role as a funder of the Project. i 213 627-6336 I San Diego I 619 239-6336 j i Goldfarb & Lipman LLP ' I 863\01\591314.1 i i Woody Karp Sharon Anderson September 17, 2008 Page 2 Goldfarb & Lipman has a potential conflict of interest due to our existing relationship with Eden and prior work for Eden on the,Project. At this point, we do not feel there is an actual conflict of interest for Goldfarb & Lipman, and we do not feel we have obtained any confidential information from Eden which is material to;our representation of the County. If, however, an actual conflict between the County and Eden should arise related to an issue that is substantially related to our representation of Eden, or if we have obtained any confidential information from Eden which is material to our representation of the County, we would require the additional written consent of the County and Eden before we could continue to represent the County. In addition, if we concluded that we could not competently or adequately represent the County's interests in that situation; we would be obliged to withdraw as counsel for the County. If, after considering the foregoing, you are willing to consent to Goldfarb & Lipman's representation of the County in connection with the Project, please sign and return to us one copy of this letter(i) acknowledging'that the County and Eden have,been advised of the potential conflict of interest associated with our representing the County in connection with the development of the Project, and (ii) indicating that the County and Eden nevertheless each consent to our representing the County'in connection with the Project. If you have any questions regarding this letter, please feel free to call me.before signing and returning the enclosed copy of this letter. Sincerely, BEL BROWN BARBARA E. KAUTZ 863\01\591314.1 CONSENT Goldfarb & Lipman LLP has explained to the undersigned that a potential conflict of interests exists in the above-described matter and has informed the undersigned of the possible consequences of this conflict. The undersigned acknowledges the disclosure of the potential conflict arising from representation by Goldfarb & Lipman of the County in connection with the Project, and the consequences of such representation. The undersigned understands that it has the right to seek independent counsel before signing this consent or at any future time. The undersigned nevertheless consents to the representation by Goldfarb & Lipman of the County in connection with the'development of the Project. Dated: CONTRA COSTA COUNTY By: Its: Dated: EDEN HOUSING, INC. By: Its: i I 1 863\01\591314.1 i