San Bernardino header
File #: 8743   
Type: Consent Status: Passed
File created: 9/5/2023 Department: County Counsel
On agenda: 9/12/2023 Final action: 9/12/2023
Subject: Consent to Concurrent Representation and Waiver of Conflict of Interest
Attachments: 1. Item #21 Executed BAI
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION

September 12, 2023

FROM
TOM BUNTON, 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 arising out of the representation of Cadiz, Inc., Chino Basin Watermaster, and Arien Pauls by Brownstein Hyatt Farber Schreck, LLP, in connection with litigation related to the approval of the Bloomington Business Park Specific Plan and associated entitlements.
2. Authorize the County Counsel or Principal Assistant County Counsel to execute any required documentation to consent to the concurrent representation of Cadiz, Inc., Chino Basin Watermaster and Arien Pauls by Brownstein Hyatt Farber Schreck, LLP, and waiver of conflict of interest.
(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 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. The adoption of the Specific Plan included an amendment to the Land Use Category designation from Very Low Density Residential to Special Development and Land Use Zoning District designation from Single Residential to Industrial/Business Park for the Specific Plan area.

Concurrently, the Board approved the upzone of a 24-acre site from Single Residential to Multiple Residential to offset the loss of potential resi...

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