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File #: 13456   
Type: Consent Status: Agenda Ready
File created: 12/30/2025 Department: Multijurisdictional Items
On agenda: 1/13/2026 Final action:
Subject: Consent to Waiver of Potential Conflict of Interest
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REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF THE FOLLOWING:

SAN BERNARDINO COUNTY

BOARD GOVERNED COUNTY SERVICE AREAS

AND RECORD OF ACTION

 

January 13, 2026

 

FROM

LAURA FEINGOLD, County Counsel

         

SUBJECT                      

Title                     

Consent to Waiver of Potential Conflict of Interest

End

 

RECOMMENDATION(S)

Recommendation

1.                     Acting as the governing body of San Bernardino County:

a.                     Approve a waiver of a potential conflict of interest with Ashurst LLP in connection with the sale of two water systems to the Golden State Water Company.

b.                     Authorize the County Counsel or Chief Assistant County Counsel to execute any required documentation related to the waiver of a potential conflict of interest as described in Recommendation No. 1.a.

2.                     Acting as the governing body of County Service Area 70:

a.                     Approve a waiver of a potential conflict of interest with Ashurst LLP in connection with the sale of two water systems to the Golden State Water Company.

b.                     Authorize the County Counsel or Chief Assistant County Counsel to execute any required documentation related to the waiver of a potential conflict of interest as described in Recommendation No. 2.a.

 

(Presenter: Laura Feingold, 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) as it is non-financial, in nature.

 

BACKGROUND INFORMATION

The law firm of Ashurst LLP (Ashurst) provides outside legal counsel services to the County on matters that require specialized legal services including public construction projects and progressive design build procurement.  Ashurst also represents Golden State Water Company (Golden State), a public water utility providing water services to approximately 262,000 customer connections located within more than 80 communities in Northern, Coastal and Southern California, including San Bernardino County.  Golden State and County Service Area 70 (CSA 70) are in discussions for Golden State to purchase two water systems owned by CSA 70.  Ashurst would like to represent Golden State in the sale.

 

Under the Rules of Professional Conduct, Ashurst must disclose its existing relationships and get the consent of the parties to proceed.  County Counsel has reviewed the matter and determined there would be minimal risk regarding Ashurst’s representation of Golden State and that it would be appropriate for the Board of Supervisors to approve the waiver of a potential conflict of interest and authorize County Counsel or Chief Assistant County Counsel to execute any required documentation related to the waiver of the potential conflict of interest.

 

PROCUREMENT

Not applicable.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Julie Surber, Principal Assistant County Counsel, 387-5455) on December 4, 2025; and County Finance and Administration (Penelope Chang, Principal Administrative Analyst, 387-4886) on December 4, 2025.