HomeMy WebLinkAboutSA 2 CONSENT TO KUTAK ROCK'S REPRESENTATIONAgenda Item SA 2
Reviewed:
AGENDA REPORT City Manager
Finance Director i,� /A
MEETING DATE: JUNE 5, 2012
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DAVID E. KENDIG, CITY ATTORNEY
SUBJECT: CONSENT TO KUTAK ROCK'S SIMULTANEOUS REPRESENTATION
OF THE CITY OF TUSTIN AND THE COUNTY OF ORANGE
SUMMARY
The law firm Kutak Rock has requested that the City consent to allow the firm to advise
the County of Orange about military base closure matters that are not adverse to Tustin.
RECOMMENDATION
That the City Council and the Successor Agency to the Tustin Community
Redevelopment Agency approve and direct the City Attorney to execute the attached
Memorandum consenting to the simultaneous representation.
FISCAL IMPACT
No additional fiscal impact.
BACKGROUND/DISCUSSION
For a number of years, George Schlossberg and other members of his law firm Kutak
Rock have provided the City of Tustin and the Tustin Community Redevelopment
Agency with specialized legal advice and representation about military base closure
matters in relation with the reuse of the former MCAS Tustin. Mr. Schlossberg has
been contacted by the County Counsel requesting that he provide legal services to the
County in base closure matters. He has expressed a willingness to do so provided the
representation is in no way adverse to the City's interests.
Consistent with the ethical rules that govern attorneys, Mr. Schlossberg has requested
the City's consent to this simultaneous representation.
Attached is a Memorandum prepared by Mr. Schlossberg that explains the proposed
representation. Because Mr. Schlossberg advises the City in connection with a few
matters in which the City's interests and the County's interests could conflict (for
Consent to Kutak Rock's Simultaneous Representation
June 5, 2012
Page 2 of 2
instance, certain property exchanges and property cooperative agreements between the
City and other public agencies at Tustin Legacy), Mr. Schlossberg has informed the
County that he will not be advising the County in reference to those matters. This
limitation protects the City's ability to use Mr. Schlossberg's services in connection with
those matters. However, there are other projects related to MCAS Tustin in which the
County's interests and the City's interests are aligned and regarding which the County is
requesting Mr. Schlossberg's specialized legal services.
The City Attorney has reviewed the attached Memorandum and recommends that the
City Council and Successor Agency to the Tustin Community Redevelopment Agency
consent to Kutak Rock's simultaneous representation of the County of Orange subject
to the limitations set forth in the Memorandum.
The City Attorney will be available at the time of the City Council meeting to address
any questions you might have.
Attachment No. 1: Memorandum from George Schlossberg, Kutak Rock
Attachment 1
KUTAlt ROCK LLP
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MEMORANDUM
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TO: DAVID F KENDIG, ESQ, 411STIN C, ATTORNIFY
MS. CHRISTINE "IN SNEG
ON, ASSIS' NT CITY MANAGER
FROM: GEORGESCHLOSSB RG
ATE: MAY 2 , CI
RE: KUTAR ROCK LLP RFPRESENTATION OF C OUNI T Y OF ORANGE
Pursuant to out discussion, this will confirm that Kutak Rock LLP has been contacted by
the County of Orange, California ('County") to assist the County and represent the County
directly in base closure; matters as a continuation of work that we have undertaken on behalf of
the County of Orange by and through our representation of the City ofTustin.
I discussed this matter with Thouns Miller, Supervising puty County Counsel. and
described 1Cutak Rock's long standing relationship with the City of Tustin as it relates to the
closure and redevelopment of Marine Corp Air SWion, Tustin ("MCAS Tustin'). I made it clear
to the County, and it is understood by the County, y, t Kutak Rock will not represent the County
in any matter that is adverse to the City of Tustin. Specifically, I noted that Kutak hock is
representing Coity with regard to an exchange of property interests w th the County ty d with
South Orange e County C'onintunity College District (A,,sC`C'I?") at MCAS ` train and that
Kutak 'Rock (i) will not be available to assist the County in this matter directly, and (ii) will
continue our representation of the City. Subject to City approval, fir. Miller agreed to Kutak
Rock's Bruited representation of the County, and Kutak Rock's continuing representation of the
City in base closure matters ers enerally and specifically this Inatter. Any ICutak Rock
representation of the County ty will include this specific limitation and conflicts waiver.
Based upon out dixtissions and this Mentor , I request that the City consent to
Kutak Rock's simultaneous representation of the County of Orange with regard to base closure
inatters with the understanding that we will not engage in any effort on behalf of the County that
is adverse to the City of Tustin.
KUTAK ROCK LLP REPRESENTATION OF COUNTY OF ORANGE
May 25,21012
Page 2.
Thank you for your consideration oil our request. If the City consents to our simultaneous
representation of the County of Orange, lifitase so indicate by signing in the appropriate space
below or otherwise advising us of the City's desires. If you have any questions, please call me
directly at (202) 828-2418 or contact me- by email at
g gp-rggj p It I o &-,.b
RNM
cc: Barry Steinberg, Esq,
City of Tustin, California, consents. to
Kutak Rock LLP simultaneously reps estoting
the County of Orangt, California
by:
858953.1