HomeMy WebLinkAboutReso 2004-071
RESOLUTION NO. 2004-071
(AGENCY RESOLUTION NO. 1862)
JOINT RESOLUTION OF TIIE CITY COUNCIL AND TIIE
REDEVELOPMENT AGENCY OF TIIE CITY OF CHULA
VISTA WAIVING CONFucr OF INTEREST IN
CONNECTION WITH STRADUNG, YOCCA, CARLSON AND
RAUTH'S REPRESENTATION OF YACOEL PROPERTIES I,
LLC
WHEREAS, Stradling, Yocca, Carlson and Rauth ("Stradling") has represented the City
and Redevelopment Agency in connection with various public law, public finance, and
redevelopment matters since 1997; and
WHEREAS, Yacoel Properties I, LLC ("Yacoel Properties"), a private developer, asked
Stradling to represent it in connection with the preparation and review of an Environmental
Impact Report, and any off-site acquisition proceedings that may arise, in connection with the
proposed Chula Vista Crossings project; and
WHEREAS, Stradling has requested that the City and Agency waive any objection it may
have to Stradling's representation of Yacoel Properties in connection with the proposed Chula
Vista Crossings project at Interstate 805 and Main Street in Chula Vista; and
WHEREAS, this request is required under the California State Rules of Professional
Conduct as a condition to Stradling's work for Yacoel Properties on the project; and
WHEREAS, staff does not object to Stradling's representation of Yacoel Properties for
the following reasons: 1) the lawyer at Stradling representing Yacoel Properties has been doing
so for two years; he has never previously represented the City or Agency; (2) Stradling's
representation is limited to matters where there is no current dispute between City/Agency and
Developer, and where no material future dispute is expected; (3) if a dispute does arise
City/Agency would have the ability to require Stradling to withdraw from its representation; and
(4) Stradling's expertise and advice is likely to enhance the overall quality of the project
proposal.
NOW, TIIEREFORE, BE IT RESOLVED the City Council and Redevelopment Agency
of the City of Chula Vista do hereby waive any conflict of interest that might exist in connection
with Stradling, Yocca, Carlson and Rauth's representation of Yacoel Properties, LLC and
authorize staff to take any and all appropriate actions to implement this waiver.
Presented and approved as to form by
~~~Q
Ann Moore
City Attorney/Agency Counsel
Resolution 2004-071
Page 2
PASSED, APPROVED, and ADOPTED by the City Council and the Redevelopment
Agency of the City of Chula Vista, California, this 2nd day of March, 2004, by the following
vote:
AYES:
Agency/Councilmembers:
Davis, McCann, Rindone, Salas and Padilla
NAYS:
Agency/Councilmembers:
None
ABSENT:
Agency /Councilmembers:
None
ATTEST:
Æ~
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Susan Bigelow, CMC, C Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing City
Council Resolution No. 2004-071/Redevelopment Agency Resolution No. 1862 was duly
passed, approved, and adopted by the City Council and Redevelopment Agency at a regular
meeting held on the 2nd day of March, 2004.
Executed this 2nd day of March, 2004.
~~/.l J 4...., ~
Susan Bigelow, CMC, Ci lerk