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HomeMy WebLinkAboutRDA Reso 2006-1939 RDA RESOLUTION NO. 2006-1939 (CITY COUNCIL RESOLUTION NO. 2006-168) 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 Chula 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. RDA Resolution No. 2006-1939 Page 2 Presented and approved as to form by - ~~~)(~~~. Ann Moore Agency Counsel/City Attorney PASSED, APPROVED, and ADOPTED by the Redevelopment Agency and the City Council of the City ofChula Vista, California, this 6th day of June 2006, by the following vote: AYES: Agency/Councilmembers: Castaneda, Chavez, McCann, Rindone, and Padilla NAYS: Agency/Councilmembers: None ABSENT: Agency/Councilmembers: None .~j c/2dL Stephen C. Padilla, ChairlMayor - ATTEST: G~ tit # Dana M. Smith, Secretary STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ) ) ) I, Dana M. Smith, Secretary of the Redevelopment Agency of the City of Chula Vista, California, do hereby certify that the foregoing Redevelopment Agency Resolution No. 2006- 1939/City Council Resolution No. 2006-168 was duly passed, approved, and adopted by the Redevelopment Agency and Chula Vista City Council at a regular meeting held on the 6th day of June 2006. Executed this 6th day of June 2006. ~/lfP Dana M. Smith, Secretary ..-...,