San Bernardino header
File #: 4957   
Type: Consent Status: Passed
File created: 9/30/2021 Department: County Counsel
On agenda: 10/5/2021 Final action: 10/5/2021
Subject: Conflict Disclosure and Waiver of Actual or Potential Conflict of Interest
Attachments: 1. Item #29 Executed BAI
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION

October 5, 2021

FROM
MICHELLE D. BLAKEMORE, County Counsel

SUBJECT
Title
Conflict Disclosure and Waiver of Actual or Potential Conflict of Interest
End

RECOMMENDATION(S)
Recommendation
1. Approve conflict disclosure and waiver of actual or potential conflict of interest arising out of the representation of San Bernardino County by the Cox Castle & Nicholson, LLP law firm with respect to land use and planning matters.
2. Authorize the County Counsel or a Principal Assistant County Counsel to execute the conflict disclosure and consent to the actual or potential conflict of interest.
(Presenter: Michelle D. Blakemore, County Counsel, 387-5455)
Body

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.

FINANCIAL IMPACT
Approval of the conflict disclosure and waiver of conflicts will not impact Discretionary General Funding (Net County Cost).

BACKGROUND INFORMATION
San Bernardino County (County) intends to utilize the services of Cox Castle & Nicholson, LLP (Cox Castle) as special counsel to advise on land use and planning matters related to the project entitlements for the Rancho Lucerne project. Outside legal counsel specialized in land use and planning law is needed to evaluate and, if necessary, defend the County against opposition raised by the project applicant regarding the validity of the project entitlements, including the validity of a settlement agreement and mutual release entered into by and between the County and project applicant in connection with Pacific Golf Community Development, LLC, et al. vs. County of San Bernardino, Case No. SCVSS128878.

Cox Castle has identified two clients with pending unrelated matters within the County that may develop into conflicts with the County, although no actual conflicts exist at this time. The potential conflicts relate to Cox...

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