HomeMy WebLinkAboutRDA Reso 2006-1948
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RDA RESOLUTION NO. 2006-1948
(ClTYCOUNCIL RESOLUTION NO. 2006-221)
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 OTA 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 informlition 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
General Counsel
RDA Resolution No. 2006-1948
Page 2
PASSED, APPROVED, and ADOPTED by the Redevelopment Agency and the City
Council of the City ofChula Vista, California, this 18th day of July 2006, by the following vote:
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AYES.
Agency/Counci1members: Castaneda, Chavez, McCann, and Padilla
NAYS
Agency/Counci1members: None
ABSENT
Agency/Councilmembers: Rindone
ATTEST.
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Dana M. Smith Secretary
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
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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-
1948/City Council Resolution No. 2006-221 was duly passed, approved, and adopted by the
Redevelopment Agency and Chula Vista City Council at a regular meeting held on the 18th day
of July 2006.
Executed this 18th day of July 2006.
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Dana M. Smith, Secretary
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