HomeMy WebLinkAboutRDA Agenda Packet 2006/05/23
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cnv OF
CHULA VISTA
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 Member
SPECIAL MEETING OF THE REDEVELOPMENT AGENCY AND ADJOURNED
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AGENDA
May 23, 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 1)
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. JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROVING A WAIVER OF
POTENTIAL CONFLICT OF INTEREST WITH RESPECT TO PROSPECTIVE
REPRESENTATION OF MR. WALTER SCHANUEL BY GLEN GOOGINS
Former Senior Assistant City Attorney Glen R. Googins has requested that the City
Attorney confirm that his prospective representation of Mr. Walter Schanuel does not
present a conflict of interest that must be waived pursuant to California Rules of
Professional Conduct 3-3l0(D). In January, the Council waived a potential conflict of
interest for Mr. Googins related to resolution of a pending code enforcement action. Mr,.
Googins now seeks a waiver to allow him to assist Mr. Schanuel with processing
entitlements and negotiation of agreements for the redevelopment of properties owned by
Mr. Schanuel. 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 Mr. Googins' involvement in that
matter. (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'sjurisdiction 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 MANAGER/DIRECTOR'S REPORTS
3. MAYOR/CHAIR'S REPORTS
4. COUNCIL/AGENCY MEMBER'S COMMENTS
ADJOURNMENT to the Regular Meeting of the Redevelopment Agency on June 6, 2006 at
4:00 p.m., immediately following the City Council meeting, in 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
Clerkfor 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 - Jt. Council/RDA Agenda
http://www.chulavistaca.gov
May 23, 2006
AGENCY RESOLUTION NO.
AND
COUNCIL RESOLUTION NO.
JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VIST A APPROVING A WAIVER OF POTENTIAL CONFLICT
OF INTEREST WITH RESPECT TO PROSPECTIVE
REPRESENTATION OF MR. WALTER SCHANUEL BY GLEN
GOOGINS
WHEREAS, Glen R. Googins was employed as an attorney for the City of Chula
Vista from 1993 to 2004; and
WHEREAS, while employed by the City, Mr. Googins served as the lead attorney
for the Redevelopment Agency, where he was responsible for shepherding projects through the
entitlement process, negotiating agreements, and processing all required organizational
documents; and
WHEREAS, under California Rules of Professional Conduct 3-31O(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, Mr. Schanuel proposes to retain Mr. Googins in connection with
representation related to the proposed redevelopment ofMr. Schanuel's properties. The scope of
the representation is outlined in a letter from Mr. Googins to the City Attorney dated, December
2, 2005; and
WHEREAS, Mr. Googins has provided additional information and assurances to
the City regarding his prospective representation; and
WHEREAS, these assurances, combined with the passage of time, the adoption of
the General Plan Update, and the advanced stage of consideration of the Urban Core Specific
Plan all reduce the risk of a potential conflict of interest; and
WHEREAS, based upon the minimal risk the City Attorney does recommend the
waiver of the potential conflict of interest as it relates to Mr. Googins representing Mr. Schanuel
in the redevelopment of his properties.
NOW, THEREFORE, BE IT RESOLVED that the City Council and the
Redevelopment Agency of the City of Chula Vista does hereby waive the potential conflict of
interest related to Mr. Googins' representation of Mr. Schanuel
Presented by
Approved as to form by
Ann Moore
City Attorney
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