REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
April 29, 2025
FROM
TOM BUNTON, County Counsel
SUBJECT
Title
Consent to Waivers of Potential Conflict of Interest and Consent to Joint Representation
End
RECOMMENDATION(S)
Recommendation
1. Approve a waiver of a potential conflict of interest with Goldfarb & Lipman LLP in connection with the Sunrise Vista project, an affordable housing project in Barstow.
2. Approve a waiver of a potential conflict of interest with Goldfarb & Lipman LLP in connection with the Arrowhead Grove Phase IV, an affordable housing project in San Bernardino, and consent to the joint representation of both San Bernardino County and the Housing Authority of the County of San Bernardino by Goldfarb & Lipman LLP.
3. Authorize the County Counsel or Chief Assistant County Counsel to execute any required documentation related to consent to joint representation and waiver of conflict of interest as described in Recommendation Nos. 1 and 2.
(Presenter: Tom Bunton, County Counsel, 387-5455)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost).
BACKGROUND INFORMATION
On March 23, 2010 (Item No. 30), the Board of Supervisors (Board) approved Agreement Nos. 10-158 and 10-160 with the Housing Authority of the County of San Bernardino (HACSB) for the acquisition and rehabilitation of the Sunrise Vista Project (Project), formerly Scenic View, in Barstow. The Board allocated $4,825,000 in Neighborhood Stabilization Program funds and $1,375,000 in HOME Investment Partnership Program funds for two apartment complexes, including the 117-unit Scenic View Apartments at 755 East Virginia Way.
On March 12, 2024 (Item No. 18), the Board adopted a Resolution committing up to $5,000,000 of HOME Investment Partnerships Program funds to assist the HACSB and its development partner, National Community Renaissance (NCR), to develop a total of 92 affordable housing units and a community center as part of Phase IV of the Arrowhead Grove Inclusive Redevelopment Project (Phase IV), an affordable housing project in San Bernardino.
The law firm of Goldfarb & Lipman LLP (Goldfarb) provides outside legal counsel services to San Bernardino County (County) on matters that require specialized legal services including, community development and affordable housing. HACSB is also an existing client of Goldfarb. HACSB owns the Phase IV property and intends to lease the property to a limited partnership formed by NCR, which will hold a leasehold interest in the property pursuant to a long-term lease with HACSB. Both the County and HACSB intend to provide financial assistance to finance the development of the Phase IV Project. Goldfarb intends to provide joint representation to the County and HACSB on the Phase IV Project. Goldfarb will only represent the County in the Project regarding a proposed transfer of Sunrise Vista and will not be representing HACSB in the transaction.
Under the Rules of Professional Conduct, Goldfarb must disclose its existing relationships and get the consent of both the County and the HACSB to proceed. County Counsel has reviewed the consent to waive the potential conflict of interest and consent to joint representation and determined there would be minimal risk regarding Goldfarb’s representation and that it would be appropriate for the Board to approve the waiver of the potential conflict of interest, consent to joint representation, and authorize County Counsel or a Chief Assistant County Counsel to execute the consent to waive the potential conflict of interest and consent to joint representation.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (John Tubbs II, Deputy County Counsel, 387-5455) on April 1, 2025; Finance (Penelope Chang, Administrative Analyst, 387-4886) on April 3, 2025; County Finance and Administration (Stephenie Shea, Deputy Executive Officer, 387-5423) on April 3, 2025.