HomeMy WebLinkAboutReso 2006-168
RESOLUTION NO. 2006-168
(RDA RESOLUTION NO. 2006-1939)
JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AND THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA WAIVING CONFLICT OF
INTEREST IN CONNECTION WITH STRADLING, YOCCA,
CARLSON AND RAUTH'S REPRESENTATION OF THE SAN
DIEGO UNIFIED PORT DISTRICT
WHEREAS, Stradling, Y occa, Carlson & Rauth (Stradling) has represented the City of
Chula Vista (City) and the Chula Vista Redevelopment Agency (Agency) in connection with
various public law, municipal finance, and redevelopment matters since 1997, including a
pending litigation matter; and
WHEREAS, in the past and at the present time, Stradling has represented the San Diego
Unified Port District (Port District) in a number of matters related to various municipal finance
matters and litigation matters; and
WHEREAS, the City and the Agency have asked Stradling to represent it in connection
with the City's and the Agency's upcoming transaction with the Port District and Gaylord
Entertainment related to the Bayfront development and related financial transactions (Bayfront
Transaction); and
WHEREAS, Stradling has requested that the City and Agency waive any objection it may
have to Stradling's representation of the Port District in connection with the Bayfront
Transaction; and
WHEREAS, this request is required under the California State Rules of Professional
Conduct as a condition to Stradling's work for the City and the Agency on the Bayfront
Transaction; and
WHEREAS, staff does not object to Stradling's representation of the Port District for the
following reasons: (1) Stradling will not represent the Port District in connection with any aspect
of the Bayfront Transaction. The Port District has indicated that other counsel will be engaged to
represent the Port District in connection with the Bayfront Transaction; (2) if a dispute does
arise, the City and the Agency have the ability to require Stradling to withdraw from its
representation; and (3) Stradling's expertise and advice is likely to enhance the overall quality of
the Bayfront Transaction.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a
Vista and the Redevelopment Agency of the City of Chula Vista waive any conflict of interest
that might exist in connection with Stradling, Y occa, Carlson and Rauth's representation of the
Port District and authorize staff to take any and all appropriate actions to implement this waiver.
Resolution No. 2006-168
Page 2
Presented and approved as to form by
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Ann Moore
City Attorney/Agency Counsel
PASSED, APPROVED, and ADOPTED by the City Council and the Redevelopment
Agency of the City ofChula Vista, California, this 6th day of June 2006, by the following vote:
AYES:
Council! Agency members: Castaneda, Chavez, McCann, Rindone, and
Padilla
NAYS:
Council! Agency members: None
ABSENT:
Council! Agency members: None
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Stephen C. Padilla, Mayor/Chair
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ATTEST:
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Susan Bigelow, C, City Clerk
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
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I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing City
Council Resolution No. 2006-168/Redevelopment Agency Resolution No. 2006-1939 was duly
passed, approved, and adopted by the City Council and Redevelopment Agency at a regular
meeting held on the 6th day of June 2006.
Executed this 6th day of June 2006.
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7' Susan Bigelow, MMC, City Clerk
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