HomeMy WebLinkAboutReso 2004-213
RESOLUTION NO. 2004-213
(AGENCY RESOLUTION NO. 1876)
JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA WAIVING CONFLICT OF INTEREST IN
CONNECTION WITH RUTAN & TUCKER, LLP'S
REPRESENTATION OF THE CITY OF CHULA VISTA, THE
REDEVELOPMENT AGENCY AND CALIFORNIA BANK &
TRUST
WHEREAS, on May 24, 2004, the City of Chula Vista City Attorney's office received a
letter from Rutan & Tucker, LLP regarding disclosure of potential conflict of interest and request
for waiver; and
WHEREAS, Rutan & Tucker, LLP represents the City and Agency on a variety of legal
issues; and
WHEREAS, Rutan & Tucker, LLP have been asked by California Bank & Trust to
represent it with respect to environmental and regulatory issues on the Auld Golf Course project
in Chula Vista; and
WHEREAS, because of the conflict of interest associated with representing two clients in
adverse positions (albeit unrelated matters) Rutan & Tucker, LLP needs a waiver of this conflict
of interest to continue representing all parties; and
WHEREAS, to continue as counsel for all parties (City, Agency, and California Bank &
Trust) Rutan & Tucker must notify its affected clients of the situation, assure them that its
loyalty and quality of work will not be influenced by factors other than the client's best interest,
and obtain each client's informed written consent; and
WHEREAS, staff has reviewed the potential conflict of interest mentioned above and
believes Rutan & Tucker's assertion that it would not impair its ability to provide the highest
quality legal representation. Therefore, staff recommends that the City and Agency approve the
informed consent agreement waiving any conflict of interest arising from Rutan & Tucker's
representation of adverse clients in unrelated matters and continue to employ its services.
NOW, THEREFORE, BE IT RESOLVED that the City Council and the Redevelopment
Agency of the City of Chula Vista waive the conflict of interest in connection with Rutan &
Tucker, LLP's representation of the City of Chula Vista, the Redevelopment Agency and
California Bank & Trust.
Presented by
Approved as to form by
CÀ-~~
Ann Moore
City Attorney
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Resolution 2004-213
Page 2
PASSED, APPROVED, and ADOPTED by the City Council and the Redevelopment
Agency of the City ofChula Vista, California, this 15th day of June, 2004, by the following vote:
AYES:
Agency/Councilmembers:
Davis, McCann, Rindone, and Padilla
NAYS:
Agency/Councilmembers:
None
ABSENT:
Agency/Councilmembers: Salas
/di~~
ATTEST:
:;:;;;;;::::;¡ J l ILL ~~ ð Lv---"
Susan Bigelow, CMC, Cl 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. 2004-213/Redevelopment Agency Resolution No. 1876 was duly
passed, approved, and adopted by the City Council and Redevelopment Agency at a regular
meeting held on the 15th day of June, 2004.
Executed this 15th day of June, 2004.
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Susan Bigelow, CMC, City C erk
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