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Home My WebLink AboutMINUTES - 04262005 - C50 T BOARD OF SUPERVISORS ��,.- "-�=� �.� Contra i FROM: Silvano B. Marchese, County CounselpfoCosta x DATE: Aril 26, 2005 �y� T , SUBJECT: Consent to Joint Representation by Goldfarb &Lipman County SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS CONSENT to joint legal representation of Contra Costa County and City of Pittsburg Redevelopment Agency by Goldfarb &Lipman. This legal firm seeks permission to continue to represent the County as counsel on various projects relating to affordable housing and redevelopment,while also representing the Pittsburg Redevelopment Agency on its purchase from the County, of that property known as 500-550 School Street, Pittsburg. APPROVE and AUTHORIZE County Counsel or his designee to execute the attached acknowledgment of potential conflict of interest and consent to representation of the City of Pittsburg Redevelopment Agency in connection with its purchase of County property known as 500-550 School Street,Pittsburg. BACKGROUND/REASONS FOR RECOMMENDATIONS County staff is currently negotiating the possible sale of County property commonly known as 500-550 School Street, and certain real property along Frontage Road in Pittsburg,to the Redevelopment Agency of the City of Pittsburg("Pittsburg"). Pittsburg has asked the law firm of Goldfarb &Lipman to represent it in connection with its proposed purchase of this property from the County. County staff is being assisted by the County Counsel's Office. Over the years, the County has entered into contracts with Goldfarb &Lipman for consulting services in connection with affordable housing programs and redevelopment. A contract was most recently approved by the Board of Supervisors on July 27, 2004 for the period July 1,2004 through June 30, 2005. In connection with the proposed sale of property by the County to Pittsburg,the parties' interests are adverse, and there is a potential conflict of interest. However, as noted above, Goldfarb &Lipman primarily represents the County on affordable housing and redevelopment matters,which County interests are not expected to be implicated in the proposed transaction. Attached is the letter from Goldfarb &Lipman describing the potential conflict of interest and requesting the County's acknowledgment of the potential conflict and consent to its representation of Pittsburg in the proposed transaction. The Deputy Director of Redevelopment has considered Goldfarb &Lipm.an's request and advises that he does not obj ect to and recommends that the County consent to Goldfarb &Lipman"s representation of Pittsburg in the subject transaction. CONTINUED ON ATTACHMENT. �C YES SIGNAT --------------------------------------------------------------------------------------------------------------r----------------------------- j,.,�COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,e- APPROVE OTHER SIGNATURE(S): ------------------------ -------- ------- -- ------ --------------------------------------------- - ----------------------------- ------------------- ACTION OF BO ON . �� APPROVE AS RECOMMENDED oyO VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS(ABSENT � ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: 'I .7 ► ATTESTED RrARD CONTACT:Michael G.Langa, P Y De ut Director General Services JOHN SWEETEN ERK OF THE (313-7100) OF SUPERVISORS AND COUNTY ADMINISTRA OR CC: County Administrator,Attn:Jason Crapo Jim Kennedy,Director of Redevelopment BY County Counsel,Attn:Lillian Fujii Goldfarb&Lipman(via County Counsel) HAFORMS\Boardlconsent to joint rep by attomey.wpd l d fa r b 1300 Clay Street, Ninth Floor la ipman Oakland, California 94612 attorneyS 510 836-6336 M David Kroot April 7,2005 Lee C. Rosenthal John T. Nagle Polly V. Marshall Mr. Garrett D. Evans Lynn Hutchins Director of Redevelopment Karen M. Tiedemann Redevelopment Agency of the City of Pittsburg Thomas H.Webber 65 Civic Avenue John T. Haygood Pittsburg, CA 94565 Dianne Jackson McLean Ms. Sharon Anderson Michelle D. Brewer Chief Assistant County Counsel Jennifer K. Bell Contra Costa.County, County Counsel's Office Robert C. Mills 651 Pine Street, 9th Floor Isobel L. Brown Martinez, CA 94553 James T. Diamond,Jr. Re: Potential Conflict of Interest— 500-550 School Street and Claudia J. Martin Frontgage Road/Crestview Avenue,Pittsburg, William F. DiCamillo Rafael Handelman Dear Mr.Evans and Ms. Anderson: Margaret F.Jung We are writing this letter to advise you of a potential conflict of interest by Emily B. Longfellow Goldfarb &Lipman LLP in connection with the proposed purchase of the property Heather J. Gould known as 500-550 School Street in Pittsburg, California and certain real property along Amy DeVaudreuil Frontage Road in Pittsburg, California identified by Assessor's Parcel Numbers 087- 030-008, 087-195-020� 087-193-001, 087-193-002s 087-193-035, and 087-193-036 Barbara E. Kautz (collectively the "Property"), and to request your acknowledgement and consent to such potential conflict of interest. The Redevelopment Agency of the City of Pittsburg("Agency")has asked Goldfarb &Lipman LLP to represent the Agency in connection with the purchase of the Property from Contra Costa County(the "County"). While Goldfarb&Lipman LLP will not represent the County in connection with the purchase of the Property,we have represented the County on other transactions and have an ongoing attorney/client relationship with the County on several matters unrelated to this transaction. It is our understanding that Lillian Fujii of the County Counsel's office is assisting the County on this transaction. San Francisco As attorneys,we are governed by specific rules relating to our representation of 415 788-6336 clients when potential conflicts of interest exist. According to Rules 3-310(A), (B), (C), Los Angeles and(E) of the Rules of Professional Conduct of the State Bar of California,we must 213 627-6336 disclose certain information, and obtain the written consents of the Agency and the Goldfarb& Lipman LLP County in order to represent the Agency in connection with the transaction. 7731011223615.4 Mr. Garrett D.Evans Ms. Sharon Anderson April 7,2005 Page 2 The interests of the Agency and the County,with respect to the purchase of the Property, are adverse;thus,there is a potential conflict of interest for Goldfarb &Lipman LLP. At this point,we feel that we can competently represent the Agency since we are not representing the County on this matter and have no special information from the County concerning this transaction. However,if an actual conflict between the Agency and the County should arise related to the purchase of the Property,and if the issue of dispute is substantially related to the same issue on which we have represented the County in another transaction,then we would require the additional written consent of the Agency and the County before we could continue to represent the Agency. In addition, if we concluded that we could not competently or adequately represent the Agency's interests in that situation,we would be obliged to withdraw as counsel for the Agency. No Goldfarb &Lipman attorney who represents the County in any matter will represent the Agency in this matter. Additionally,to the extent permitted by Evidence Code Section 962, Goldfarb &Lipman agrees to segregate our files for this matter. If, after considering the foregoing,you are willing to consent to Goldfarb &Lipman LLP's representation of the Agency in connection with the purchase of the Property,please sign and return to us one copy of this letter(i) acknowledging that you have been advised of the potential conflict of interest associated with our representing the Agency in connection with the purchase of the Property, and(ii)indicating that you consent to our representing the Agency with respect to the purchase of the Property. Retain one executed copy for your files. If you have any questions regarding this letter,please give either of us a call, Sincerely , LEE C.ROSENTHAL HUTCHINS cc: Ms. Lillian Fujii Deputy County Counsel 773\01\223615.4 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 Goldfarb &Lipman LLP representation of the Agency in connection with the purchase of the Property, 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 Goldfarb&Lipman LLP representation the Agency in connection with the purchase of the Property. Dated: CONTRA COSTA COUNTY By: Its: Dated: REDEVELOPMENT AGENCY OF THE CITY OF PITTSBURG By: Garrett D.Evans Director of Redevelopment 773\01\223615.4