REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 22, 2026
FROM
LAURA FEINGOLD, County Counsel
SUBJECT
Title
Consent to Concurrent Representation and Waiver of Conflict of Interest
End
RECOMMENDATION(S)
Recommendation
1. Approve a consent to concurrent representation and waiver of conflict of interest, including advance consent to future conflicts, arising out of the representation of Makasa LLC, Wilshire Road LLC, and any other existing or to-be-formed special-purpose entities associated with the Rancho Lucerne Planned Development Project by Brownstein Hyatt Farber Schreck, LLP, in connection with specialized legal services in the court action titled People’s Collective For Environmental Justice, et al. v. County of San Bernardino, et al.
2. Authorize the County Counsel or Principal Assistant County Counsel to execute any required documentation to consent to the concurrent representation of Makasa LLC, Wilshire Road LLC, and any other existing or to-be-formed special-purpose entities associated with the Rancho Lucerne Planned Development Project by Brownstein Hyatt Farber Schreck, LLP, and waiver of conflict of interest.
(Presenter: Laura Feingold, County Counsel, 387-5455)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Foster Sustainable Development Through Strategic Partnerships.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost).
BACKGROUND INFORMATION
On November 15, 2022 (Item No. 111), the Board of Supervisors (Board) approved the Bloomington Business Park Specific Plan (Specific Plan). The Specific Plan established an industrial business park for approximately 213 acres located within the Bloomington area. Associated Board actions approved the certification of an Environmental Impact Report, including the adoption of a Statement of Overriding Considerations, a Memorandum of Understanding for public benefit contributions to the Bloomington area, and various land use entitlements related to the future construction and operation of high-cube warehouse buildings and a truck and trailer parking lot (Project Approvals).
On or about December 16, 2022, various petitioners filed a petition and complaint against San Bernardino County (County) and the project developer in the San Bernardino Superior Court, entitled People’s Collective For Environmental Justice, et al. v. County of San Bernardino, et al., Case No. CIVSB 2228456 (Action), challenging the Project Approvals as violating the California Environmental Quality Act (CEQA), the Duty to Affirmatively Further Fair Housing, and the Fair Employment and Housing Act.
On September 12, 2023 (Item No. 21), the Board approved a waiver of conflict of interest and authorized the Office of County Counsel to retain the law firm of Brownstein Hyatt Farber Schreck, LLP (Brownstein) to defend the County in the Action. Brownstein has requested an additional waiver, including consent to future conflict waiver, from the County with regard to a conflict of interest involving Brownstein’s concurrent representation of Makasa LLC, Wilshire Road LLC, and any other existing or to-be-formed special purpose entities (collectively Other Clients) associated with the Rancho Lucerne Planned Development Project (Rancho Lucerne Project).
The Rancho Lucerne Project was approved by the Board on August 13, 1996 (Item No. 58). The 1996 approval consisted of a Planned Development to construct 4,367 single-family residential units, 27-hole golf course, school sites, equestrian facilities and 30 acres of mixed uses on 1,367 acres in the Lucerne Valley area as part of a nine-phase master subdivision. The Other Clients have received various amendments to the 1996 approval and continue efforts to complete the conditions of approval for the phased master subdivisions in order to implement future development of the project.
The Action is not related to Brownstein’s work for the Other Clients. The Other Clients seek to retain Brownstein for its assistance in completing the Rancho Lucerne Project. Brownstein also requests advance consent to future conflict waivers for other existing or to-be-formed special purpose entities because the future buildout of the Rancho Lucerne Project will likely require affiliated entities under common ownership or control with the Other Clients to be formed for purposes of owning, developing, financing, or operating any portion or phase of the Rancho Lucerne Project.
The concurrent representation of the County in the Action while representing the Other Clients constitutes a conflict of interest under the applicable Rules of Professional Conduct and requires the consent of both clients to agree to the proposed representation after being adequately informed of the relevant circumstances and the material ways that the conflict could have adverse effects on their interests, including whether Brownstein will be less zealous or eager on the County’s behalf in the Action due to Brownstein’s representation of the Other Clients in the Rancho Lucerne Project matter. Further, the advance waiver requested by Brownstein is authorized to the extent the County reasonably understands the material risks that the consent entails, such as the types of future representations that might arise and the actual and reasonably foreseeable adverse consequences to the County of those representations.
County Counsel has reviewed the consent to concurrent representation and waiver of conflict of interest and believes there is a relatively low likelihood of adverse consequences regarding Brownstein’s representation of the Other Clients because the scope of services relates to the implementation of a previously approved project by the Board. Further, the future buildout of the Rancho Lucerne Project is expected to occur across multiple phases long after the expected resolution and representation of the County in the Action. Nevertheless, in the event litigation should arise between the County and the Other Clients related to the Rancho Lucerne Project, the waiver provides that Brownstein will not represent either the County or the Other Clients in litigation against the other party related to the Rancho Lucerne Project. Accordingly, County Counsel recommends the Board approve the waiver of the conflict of interest, including advance consent of any future conflict of interest from the Other Clients, and authorize County Counsel or a Principal Assistant County Counsel to execute the waiver of conflict of interest.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jason Searles, Supervising Deputy County Counsel, 387-5455) on August 28, 2026; and County Finance and Administration (Jessica Trillo, Principal Administrative Analyst, 387-4222) on September 1, 2026.