HomeMy WebLinkAbout15 TUSTIN LEGACY FIRE STATION 12-04-07AGENDA REPORT
MEETING DATE: December 4, 2007
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: DOUGLAS C. HOLLAND, CITY ATTORNEY
SUBJECT: LETTER CONSENTING TO JOINT REPRESENTATION OF CITY OF
TUSTIN AND ORANGE COUNTY FIRE AUTHORITY REGARDING
IMPLEMENTATION AGREEMENT CONCERNING TUSTIN LEGACY
FIRE STATION.
SUMMARY
The City Attorney seeks authorization for the firm of Woodruff, Spradlin and Smart to
represent both the City and the Orange County Fire Authority in the review of a proposed
implementation agreement and subsequent documents and agreements related to the
construction and lease of a fire station at Tustin Legacy. The City's consent is required for the
City Attorney's firm to represent both agencies in this transaction; otherwise separate counsel
will need to be retained to review that matter for the agencies.
RECOMMENDATION
The City Council approve the attached letter consenting to allow Woodruff, Spradlin & Smart
to represent the City and the Orange County Fire Authority, and authorize the Mayor to
execute a consent to such representation to the City Attorney.
FISCAL IMPACT
None.
BACKGROUND
The City Attorney has been requested to review a proposed implementation agreement
involving the City and the Orange County Fire Authority concerning a fire station serving the
Tustin Legacy Area. It is anticipated that additional documents and agreements, related to
the construction and lease of this fire station will also require review by the City Attorney.
Douglas Holland of Woodruff, Spradlin & Smart serves as the City Attorney, and Terry Andrus
of the same firm serves as General Counsel to the OCFA. As a result, the City must consent
to allow the firm to represent both agencies in the review of such documents and agreements,
or separate counsel will be retained for each entity.
556740.1
A letter requesting consent to the dual representation has been submitted to the City Council.
If the City Council desires that the City Attorney should represent the City in this matter, it
should direct that the consent attached to this memorandum be signed and returned to the
City Attorney. If the City Council does not authorize execution of this consent, separate
counsel will be retained to represent the City's interests.
Maria R. Huizar
for DOUGLAS C. HOLLAND
City Attorney
Attachments: Consent to Dual Representation
556740.1
CONSENT TO JOINT REPRESENTATION AND WAIVER OF
POTENTIAL CONFLICTS OF INTEREST
Woodruff, Spradlin & Smart has explained that jointly representing the City
of Tustin and the Orange County Fire Authority (collectively, "Clients") raises
potential conflicts of interest, and the Firm has informed the City Council of the
possible consequences of these conflicts. The City of Tustin consents to
Woodruff, Spradlin & Smart representing Clients in the review, preparation, and
approval of agreements, documents, and leases related to the construction, use,
and occupancy of a fire station that will be constructed and owned by the City
and leased to and operated by the Orange County Fire Authority at Tustin
Legacy.
City of Tustin
Dated: By:
Mayor