HomeMy WebLinkAboutAgenda Report - June 2, 2004 I-02AGENDA ITEM 1r2
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution approving retention of Folger, Levin & Kahn as Outside
Counsel and approve waiving the joint representation conflict
MEETING DATE: June 2, 2004
PREPARED BY: Interim City Attorney
RECOMMENDED ACTION: That the City Council adopt a Resolution approving the retention of
Folger, Levin & Kahn as Outside Counsel for the Environmental
Abatement Program litigation, and further approve the waiving of the
joint representation conflict.
BACKGROUND INFORMATION: Following a lengthy proposal process, we are now in the position to
formalize the hiring of the law firm of Folger, Levin & Kahn to act as
Outside Counsel to litigate the complex environmental lawsuits in
which the City of Lodi is involved relating to the soil and water
contamination.
Also before you this evening as a matter of law, it is necessary that the City Council acknowledge that a
joint representation conflict exists in hiring the law firm of Folger, Levin & Kahn. The City Council if it so
desires can approve the waiving of the joint representation conflict. By doing so, you acknowledge that
there is a potential conflict in having a single firm represent two different entities (the City of Lodi and the
Lodi Financing Corporation) who may during the course of the litigation have different interests.
FUNDING: Water Fund
qmee12s R. Krueger, inance it ctor
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D. ep en Schwabaue
Interim City Attorney
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RESOLUTION NO. 2004-111
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING THE RETENTION OF FOLGER LEVIN &
KAHN AS OUTSIDE COUNSEL RELATING TO THE
ENVIRONMENTAL ABATEMENT PROGRAM
LITIGATION AND FURTHER APPROVING WAIVING
THE JOINT REPRESENTATION CONFLICT
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NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby
authorizes the retention of the law firm of Folger, Levin & Kahn to serve as outside
counsel for the Environmental Abatement Program litigation; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby approve
waiving the joint representation conflict; and
BE IT FURTHER RESOLVED that funds will be derived from the
Water/Wastewater accounts equally for this purpose.
Dated: June 2, 2004
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I hereby certify that Resolution No. 2004-111 was passed and adopted by the
Lodi City Council in a regular meeting held June 2, 2004, by the following vote:
AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard, Land, and
Mayor Hansen
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2004-111