INTRODUCTION

The purpose of this item is to request the City Council�s consent to a potential conflict of interest resulting from Rutan & Tucker, LLP representing a private developer at the same time the law firm represents the City on cable television matters.  It is the position of the City Attorney�s office that Rutan & Tucker�s proposed representation of a developer will not compromise the firm�s representation of the City on cable television matters and other matters not involving land use or development entitlements.

BACKGROUND

Rutan & Tucker, LLP wishes to represent Crown Fairfield Associates, LLC in its effort to obtain development entitlements for a residential project located within the City of Burbank while, at the same time, Rutan & Tucker represents the City on cable television matters. Rule 3-310 of the Rules of Professional Conduct of the State Bar of California permits a member of the State Bar to represent multiple clients with adverse interests only after receiving informed written consent of each client.  Rutan & Tucker submitted a request which informs the City of the potential conflicts of interest that could arise from this concurrent representation. 

ANALYSIS

It is reasonably foreseeable that a conflict of interest could arise where Rutan & Tucker has acquired, or may in the future acquire, confidential information in the representation of either Crown Fairfield Associates or the City, which might ethically require disclosure to the other party.  However, development entitlements and cable television matters are sufficiently unrelated that the potential for such a conflict is remote. 

A conflict of interest could also arise in the course of Rutan & Tucker advising Crown Fairfield Associates with respect to its project, or preparing, negotiating, and reviewing documents in connection with the project, where actions taken or provisions in documents for the benefit of the developer may operate to the detriment of the City.  However, all such negotiations will occur at arms length with the City Attorney�s office representing the interests of the City.

For the reasons stated above, it is the position of the City Attorney�s office that Rutan & Tucker�s proposed representation of Crown Fairfield Associates will not compromise the firm�s representation of the City on cable television matters and other matters not involving land use or development entitlements.

FISCAL IMPACT

None.

RECOMMENDATION

Staff recommends that the City find that Rutan & Tucker�s representation of applicants for development entitlements is not expected to compromise Rutan & Tucker�s representation of the City on cable television matters and other matters not involving land use or development entitlements, and authorize the City Attorney, or his designee to execute the Informed Consent Regarding Representation and Waiver of Conflict of Interest, on behalf of the City.

EXHIBIT

None.

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