TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Silva Darbinian, Deputy County Counsel
SUBJECT: Conflict Waiver with Goldfarb & Lipman LLP
RECOMMENDATION
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Approve and authorize delegation to sign a conflict waiver with Goldfarb & Lipman LLP to represent the County in connection with advising the County on the Vista Del Valle Mobile Home Park matter. (No Fiscal Impact, Discretionary)
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BACKGROUND
The County previously entered into Agreement No. 170438B with Goldfarb & Lipman LLP to provide certain specialized legal services that include drafting of loan documents for affordable housing projects and specialized work on housing related issues. County Counsel requests approval of and delegation of authorization for County Counsel to sign a waiver of a potential conflict, allowing Goldfarb & Lipman to represent the County in connection with advising the County on a certificate of legal nonconformity and other zoning and land use questions relating to Vista Del Valle Mobile Home Park matter. Napa Valley Community Housing (NVCH) is the applicant and an affiliate of Family Apartments, Inc, which owns the mobile home park. Goldfarb & Lipman has represented NVCH with the acquisition and development of affordable housing in general. Goldfarb will be representing NVCH in the review of funding agreements related to the Vineland Vista matter, but Goldfarb will not be advising them on land use questions. The funding does not come from the County but rather third parties. Because Goldfarb has an existing relationship with NVCH, a potential conflict of interest exists. The State Bar Rules and Rules of Professional Conduct require Goldfarb to obtain a consent/waiver of potential conflicts of interest from the County and from NVCH.
Staff does not believe that there are any actual conflicts of interest and recommends that the County grant a waiver of any potential conflict of interest in this specific matter.
FISCAL & STRATEGIC PLAN IMPAC...
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