TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Thomas Zeleny, Chief Deputy
SUBJECT: Waiver of potential conflict of Best Best & Krieger LLP, outside counsel for Napa County on concessions at Lake Berryessa
RECOMMENDATION
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Approve and authorize a waiver of potential conflicts within the law firm of Best Best & Krieger LLP, which assists the County on matters related to the development of concessions at Lake Berryessa, and may represent the City of Napa regarding a space license agreement with the County Library. (No Fiscal Impact)
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BACKGROUND
Nancy Park, a partner with the law firm of Best Best & Krieger, LLP, (“BBK”) assists Napa County on matters related to the development of concession areas at Lake Berryessa. BBK also represents the City of Napa as its Interim City Attorney on a variety of municipal matters. One of these matters involves a proposed space license agreement whereby the City will provide space, utilities and certain concrete and electrical improvements to the County to accommodate a Napa County Library Holds Locker and Return Bin for library books at the City-owned Las Flores Community Center. The County would reimburse the City for the costs of utilities used for this space. These matters on which BBK represents the City and the County are completely unrelated.
The State Bar of California publishes Rules of Professional Conduct governing lawyers licensed in California. Rule 1.7 prohibits a lawyer from representing a client when “the lawyer has, or knows that another lawyer in the lawyer’s firm has, a legal, business, financial, professional, or personal relationship with or responsibility to a party or witness in the same matter” unless the lawyer provides the client with a written disclosure of the relationship and obtains the client's written consent. Nancy Park has provided a written disclosure of the relationship between the lawyers in her firm and the City of Napa in her letter included with this agenda item. The County does not exchange information with Nancy Park that could possibly affect negotiation of a space license agreement for the County Library. The County Counsel's Office is satisfied Nancy Park’s representation of Napa County will not be compromised by her firm's representation of the City of Napa.
Requested Action: authorize County Counsel to sign the letter included with the agenda item to waive the potential conflict of Nancy Park and her law firm.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Nancy Park may not be able to continue representing Napa County on matters related to concessions at Lake Berryessa without this waiver of potential conflicts. |
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Is the general fund affected? |
No |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by CEQA Guidelines section 15378 because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.