REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:David Mann, Acting City Attorney
Date:August 12, 2025
Subject:Amendment No. 1 to Representation Letter (Rutan & Tucker, LLP) Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Representation Letter with Rutan & Tucker, LLP to provide Special Counsel services to the City in such final form as approved by the City Attorney.
Background
The City entered into Representation Letter dated as of November 23, 2024 with the law firm of Rutan & Tucker, LLP to provide special counsel services in connection with pending litigation involving the Lake and Mountain project (DS & RS Investment LLC v. City of Lake Elsinore; Riverside Superior Court Case No. CVME2402627) (the “Pending Litigation”).
Discussion
Rutan & Tucker, LLP has provided excellent services and has been a key partner with the City Attorney’s office in diligently representing the City in the Pending Litigation. Continued legal services are necessary to bring the Pending Litigation to completion and to implement applicable agreements, if any, approved by the City Council. The only modification to the original Representation Letter is authorization by the City Council for continued services in excess of the City Manager’s contracting authority. All other terms and conditions for legal services remain the same.
Fiscal Impact
General Fund monies have been budgeted for legal services and will be used to pay for these services.
Amendment No. 1 to Representation Letter (Rutan & Tucker, LLP)
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Attachments
Attachment 1 - Representation Letter
Attachment 2 - Amendment No. 1