Title
Recommendation to Provide Direction to the City Attorney to Consent, Modify or Reject Law Firm Goldfarb Lipman's Request to Waive Conflicts of Interest In Connection with Goldfarb's Legal Representation of the City of Alameda and the Housing Authority of the City of Alameda. (City Attorney)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The City Attorney's Office seeks direction from the City Council in response to law firm Goldfarb Lipman's (Goldfarb) request to waive potential conflicts of interest (Consent) arising from Goldfarb's legal representation of both the City of Alameda (City) and the Housing Authority of the City of Alameda (Housing Authority). Goldfarb serves as General Counsel to the Housing Authority and intends to provide legal services to the Authority in connection with the following, (i) that certain Services Agreement for FYs 2019-2020 and 2020-2021 between City and Housing Authority, (ii) Housing Authority's roles and responsibilities in connection with City's Rent Program, and (iii) Housing Authority transfer of affordable housing projects to Housing Authority's non-profit affiliate, which projects include financing from the City and the Successor Agency, such as the Independence Plaza project (collectively, Housing Authority Transactions). Separately, Goldfarb has and continues to serve as special counsel, under the Direction of the City Attorney, for the City in connection with development projects and land use matters (City Transactions). As to the different attorneys who provide legal services to the City and to the Housing Authority, Goldfarb has agreed to implement ethical walls in connection with its current and future representation of City and Housing Authority. Nonetheless, Goldfarb's proposed representation of the City and the Housing Authority constitutes a "directly adverse conflict" under the Rules of Professional Conduct and requires written consent from the City and the Housing Authori...
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