HomeMy WebLinkAboutReso 2006-221
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RESOLUTION NO. 2006-221
(REDEVELOPMENT AGENCY RESOLUTION NO. 2006-1948)
JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA APPROVING A REQUEST BY LUCE FORWARD
HAMILTON AND SCRIPPS, LLP, FOR THE WAIVER OF
POTENTIAL OR ACTUAL CONFLICT OF INTEREST WITH
RESPECT TO LUCE FORWARD HAMILTON AND SCRIPPS,
LLP REPRESENTATION OF ACI SUNBOW, LLC
REGARDING OT A Y LANDFILL AGREEMENT LITIGATION
WHEREAS, the law firm of Luce, Forward, Hamilton and Scripps, LLP, (Luce Forward)
has on-going representation of the City in various employment-related matters; and
WHEREAS, Luce Forward also represents the developer, ACI Sunbow, LLC (Sunbow),
in a declatory relief action entitled, ACI Sunbow, LLC v County of San Diego and the City of
Chula Vista filed with the San Diego Superior Court on March 23, 2006; and
WHEREAS, in their representation of the City Luce Forward has undoubtedly acquired
confidential information from the City and has represented to the City that they are unaware of
any confidential information that they have obtained that would relate to the Sunbow matter; and
WHEREAS, Luce Forward has further represented to the City that they will not share any
confidential information that they have obtained from the City with Sunbow; and
WHEREAS, pursuant to Rule 3-310 (C)(1)&(2) of the California State Bar Rules of
Professional Conduct an attorney shall not, without the informed written consent of each client,
accept or continue representation of more than one client in a matter in which the interests of the
clients potentially or actually conflict; and
WHEREAS, pursuant to Rule 3-310 (E) of the California State Bar Rules of Professional
Conduct an attorney shall not accept employment adverse to a client where, by reason of the
representation of the client, the attorney has obtained confidential information material to the
employment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby approves the request by Luce Forward for waiver of a potential or actual conflict of
interest with respect to Luce Forwards' representation of Sun bow.
Presented by
Approved as to form by
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Ann Moore
City Attorney
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Ann Moore "-
City Attorney
Resolution No. 2006-221
Page 2
PASSED, APPROVED, and ADOPTED by the City Council and the Redevelopment
Agency of the City of Chula Vista, California, this 18th day of July 2006, by the following vote:
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AYES.
Council/Agency members: Castaneda, Chavez, McCann, and Padilla
NAYS.
Council/Agency members: None
ABSENT
Council/Agency members: Rindone
ATTEST.
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t Susan Bigelow, MMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
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I, Susan Bigelow, City Clerk ofChula Vista, California, do hereby certify that the foregoing City
Council Resolution No. 2006-221/Redevelopment Agency Resolution No. 2006-1948 was duly
passed, approved, and adopted by the City Council and Redevelopment Agency at a regular
meeting held on the 18th day of July 2006.
Executed this 18th day of July 2006.
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t Susan Bigelow, K1MC, City Clerk
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