HomeMy WebLinkAboutAgenda Report - July 15, 2009 E-14AGENDA ITEM Er 11A
•. CITY OF LODI
COUNCIL COMMUNICATION
•' im
AGENDA TITLE: Consent to Continued Representation of City of Lodi and Northern California
Power Agency — Lodi Meter Maintenance.
MEETING DATE: July 15, 2009 City Council Meeting
PREPARED BY: Citv Attornev's Office
RECOMMENDED ACTION: That the City Council grant their consent to the continued
representation of the City of Lodi and Northern California Power
Agency by Meyers Nave for the Lodi Meter Maintenance.
BACKGROUND INFORMATION: Meyers Nave is General Counsel to the Northern California Power
Agency. They also represent the City of Lodi on a continuing basis
in connectionwith Land Use and Development issues. Lodi is
currently working with NCPA to provide Meter Maintenance Service and Meyers Nave will represent
NCPA in drafting the Agreement. Because Meyers Nave's involvement in NCPA is completely unrelated
to the other work performed on behalf of the City of Lodi, I see no potential for actual conflict and
recommend Council grant me the authorityto executethe attached Conflict Waiver.
Approved:
toil WANNEEMMIN
FISCAL IMPACT: N/A
FUNDING AVAILABLE: N/A
APPROVED: ..�
Blair King, Clik Mpager
H
June 23,2009
Steven T. Mattas
Attorney at Law
415.421.3711
D.Stephen Schwabauer JUN 2 5 2009
City Attorney of Lodi CITYAiTORNEY'S OFFICE
Office of the City Attorney
P.O.�Box 3006
Lodi.'CA 95241-1910
Re: Consent to Continued Representation of City ofLodi and Northern CaliforniaPowerAgency
- Lodi Meter Maintenance
Dear Steve:
As you are aware, we act as the General Counsel to the Northern California Power Agency ("NCPA"). In
that capacity we have been asked by NCPA to provide advice to it reaarding reviewing a contract with the
City of Lodi ("Lodi") by which NCPA would agree to perform electric meter maintenance. In advising NCPA
regarding this contract, there may be matters which create either.actual or potential conflicts of interest
between the interests of NCPA and those of Lodi, and the interests and objectives of NCPA and Lodi
relating to the Lodi Meter Maintenance either are or may become inconsistent with each other The purpose
of this letter is to disclose this relationship and situation to you, and to seek Lodi's informed, written consent
to our continued representation of NCPA with respect to the Lodi Meter Maintenance as well as our
continued representation of Lodi in the land use and CEQA matters for which we have been retained.
A attorneys. we are governed by specific rules relating to our representation of clients when present or
potential conflicts of interest exist. Rules 3-31 O(B), 3-31 O(C), and 3-31 O(E) of the California Rules of
Professional Conduct provide as follows:
Rule 3-310(6): A member shall not accept or continue representation of a client without providing
written disclosure to the client where:
(1 The member has a legal, business, financial, professional, or personal relationship with a
party or witness in the same matter; or
(2) The member knows or reasonably should know that,:
(a) the member previousiy had a legal, business, financial, professional, or personal
relationship with a party or witness in the same matter; and
(b) the previous relationship would substantially affect the member's representation;
or
575 Market Street, Suite 2600 1 San Francisco, California 94105 1 tel415.421.3711 I fax 415.421.3767 1 www.meyersnave.com
OAKLAND • SANTA ROSA - SACRAMENTO • SAN FRANCISCO - tos ANGELES
D. Stephen Sieve Schwabauer, City Attorney of Lodi
June 23, 2009
Page 2
(3) The member has or had a legal, business, financial, professional, or personal relationship
with another person or entity the member knows or reasonably should know would be
affected substantially by resolution of the matter; or
(4) The member has or had a legal, business, financial, or professional interest in the subject
matter of the representation.
i u� e 3-310( %0). A i eimibei si all not, `Y1/it ,out iiie inf ;riiied written • vnsent of each cli ^t:
(1) Accept representation of more than one client in a matter in which the interests of the
clients potentially conflict; or
(2) Accept or continue representation of more than one client in a matter in which the interests
of the clients actually conflict; or
(3) Represent a client in a matter and at the same time in a separate matter accept as a client
a person or entity whose interest in the first matter is adverse to the client in the first
matter.
Rule 3-310(E): A member shall not, without the informed written consent of the client or former
client, accept employment adverse to the client or former client where, by reason of the
representation of the client or former client, the member has obtained confidential information
material to the employment.
With regard to Rule 3-310(B), neither we nor, to the best of our actual knowledge, any member of our firm
has or has had (i) any legal, business, financial, professional, or personal relationship with any party,
witness, person, or entity or (ii) any interest in the subject matter of our representation of NCFA disclosure
of which is required by Ruie 3-310(6), except for our past and current representation of Lodi, as described
above.
With regard to Rule 3-310(C), our presently proposed representation of NCPA in connection with the matter
described above will not result in our representing NCPA and Lodi in the same matter. However, it will
result in our representing NCPA in the matter first described above at the same time as we are
representing Lodi in separate matters. Therefore, and since we have a professional duty of undivided
loyalty to each current client, given our current and past representation of Lodi, we need the informed
written consent of both NCPA and Lodi before we represent NCPA in the captioned matter.
With reference to Rule 3-310(E), we do not believe that we have obtained any confidential information from
Lodi that would be material to the current matter in which we have been asked to represent NCPA.
However, Lodi may believe we have or may receive such material confidential information due to the nature
of our past and current representation of Lodi. Consequently, before representing NCPA in this current
matter, we request the informed written consent of Lodi.
D. Stephen Steve Schwabauer, City Attorney of Lodi
June 23,2009
Page 3
in connection with our proposed representation of NCPA in the matter described above and for purposes of
assisting you in determining whether or not to consent to such representation, we hereby inform you that:
(a) We do not anticipate any foreseeable adverse effects upon NCPA by reason of our past
and current representation of Lodi.
(b) We do not anticipate any foreseeable adverse effects upon Lodi by reason of our
" 1
rep! 6s:;i l ali ;, '�� � u.
We request that Lodi consider this written request carefully, If, after review and consideration of the
foregoing, Lodi consents to our representation of NCPA in the captioned matter, please sign the enclosed
copy of this letter and return it to me as soon as possible.
Please do not hesitate to call me if you have any questions or concerns about the foregoing
Very truly yours,
cc: Conflicts Department
City of Lodi consents to the representation described above.
Dated: City of Lodi
By:
Its:
1248416.1