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HomeMy WebLinkAboutRDA Agenda Packet 2006/02/21 ,'~;are under penalty of perjury that I am "nployed by the City of Chula Vista in the fflce of the City Clerk and that I posted this on the bulletin board according to qJAlr ~nts. 17/0 _f..., --f, Signed ~Jf? -:~~ - - -- - - -- ""'to..--~~ - - -~ Stephen C. Padilla, Mayor/Chair Patricia E. Chavez, Council/Agency Member David D. Rowlands, Jr., City ManagerlExecutive Director John McCann, Council/Agency Member Ann Moore, City Attorney/Agency Counsel Jerry R. Rindone, Council/Agency Member Susan Bigelow, City Clerk Steve Castaneda, Council/Agency Membet February 21, 2006 6:00 P.M. (Immediately following the City Council Meeting) Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Council/Agency Members Castaneda, Chavez, McCann, Rindone, and Mayor/Chair Padilla CONSENT CALENDAR (Item I) The Council/Agency will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Council/Agency Member, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A POTENTIAL CONFLICT OF INTEREST WITH RESPECT TO PROPOSED REPRESENTATION OF SUPERIOR READY MIX CONCRETE Former Senior Assistant City Attorney Glen R. Googins requested that the City Attorney confirm that Mr. Googins' prospective representation of Superior Ready Mix Concrete does not present a conflict of interest that must be waived pursuant to California Rules of Professional Conduct 3-31 O(D). The decision to waive a potential conflict of interest lies with the City Council. Although there is always the potential for future conflict, it does not appear at this time that the interests of Mr. Googins' prospective client are adverse to the City. Accordingly, it is recommended that the City Council waive any potential conflict arising from the limited scope of the proposed representation. (City Attorney) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Agency on any subject matter within the Council/Agency's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council/Agency from taking action on any issue not included on the agenda, but, if appropriate, the Council/Agency may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes. OTHER BUSINESS 2. CITY MANAGERlDIRECTOR'S REPORTS 3. MAYOR/CHAIR'S REPORTS 4. COUNCIL/AGENCY MEMBER'S COMMENTS ADJOURNMENT to the Regular Meeting of March 7, 2006 at 4:00 p.m. III the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf(TDD} at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 2 CouncillRDA Agenda http://www.chuJavistaca.gov February 2],2006 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A POTENTIAL CONFLICT OF INTEREST WITH RESPECT TO PROPOSED REPRESENTATION OF SUPERIOR READY MIX CONCRETE WHEREAS, Glen R. Googins was employed as an attorney for the City of Chula Vista from 1993 to 2004; and WHEREAS, under California Rules of Professional Conduct 3-31 O(E), an attorney "shall not, without the informed written consent, of the. . . former client, accept employment adverse to a . . . former client where by, reason of the representation of the former client, the attorney has obtained confidential information material to the employment."; and WHEREAS, Superior Ready Mix Concrete (Superior) proposes to retain Mr. Googins in connection with property it leases within the City ofChula Vista. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive any potential conflict of interest related to the specific scope of representation outlined in the February 2, 2006, letter from Mr. Googins. The City reserves the right to disqualify Mr. Googins from additional representation of Superior Ready Mix Concrete beyond the scope ofthe February 2, 2006, letter. Presented by Approved as to form by Ann Moore City Attorney ~~}\~fk\\ City Attorney J:\Attomcy\RESO\ Waiver of Conflict oflnterest re Glen Googins--Flier, Inc..doc /