HomeMy WebLinkAboutAgenda Report - June 2, 2004 K-03LODI CITY COUNC L
+�1 Carnegie Forum
305 West Pine Street, Lodi
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AiGENM- Lodi Financing Corporation
Date: June 2, 2004
Time: 7:00 p.m.
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For information regarding this Agenda please contact:
Susan J. Blackston
City Clerk
Telephone: (209) 333.6702
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MEETING OF THE
Lodi Financing Corporation
A. Call to order — President
B. Roll call to be recorded by Secretary
Res. C. Resolution electing new Officers
Res. D. Adopt resolution approving the retention of Folger Levin & Kahn as outside
counsel and approving waiving the joint representation conflict (CA)
E. Other business
F. Comments by public on non -agenda items
G. Adjournment
Pursuant to Section 54954.2(a) of the Government Code of the State of California, this agenda was posted at least
72 hours in advance of the scheduled meeting at a public place freely accessible to the public 24 hours a day.
Susan J. Blackston
Secretary
Lodi Financing Corporation
J:\CITYCLRMFORM&Krorp06-02-04.doc 5/28/04
AGENDA ITEM K-3
CITY OF LODI
. ' COUNCIL COMMUNICATION
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AGENDA TITLE: Meeting of the Lodi Financing Corporation for the Purpose of Electing New Officers
MEETING DATE: June 2, 2004
PREPARED BY: City Clerk
RECOMMENDED ACTION: That the Lodi Financing Corporation conduct a meeting for the
purpose of electing new officers to the Corporation and adopt a
resolution certifying the same.
BACKGROUND INFORMATION: Inasmuch as a new Finance Director has been appointed, it is
necessary to appoint a new Treasurer to the Corporation and
confirm the officers for 2004.
The appropriate resolution is attached as Exhibit A.
FUNDING: None required.
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Attachments
APPROVED,
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Susan J. Blackston
City Clerk
H. Dixon Flynn, City Manager
RESOLUTION NO. LFC-11
A RESOLUTION ELECTING OFFICERS OF
THE LODI FINANCING CORPORATION
WHEREAS, under the organizational procedures of the Lodi Financing
Corporation, an annual meeting of Directors shall be held and officers elected.
NOW, THEREFORE, BE IT RESOLVED by the Directors of the Lodi
Financing Corporation that the following persons are elected to the offices set
forth opposite their names below as officers of the Corporation, to serve until the
election and qualification of their successors as provided in Article IIL, Section
303, of the bylaws of the Corporation:
Name Title
Larry D. Hansen
President
John Beckman
Vice President
James R. Krueger
Treasurer
Susan J. Blackston
Secretary
Dated: June 2, 2004
I hereby certify that Resolution No. LFC-11 was passed and adopted by
the Board of Directors of the Lodi Financing Corporation in a regular meeting
held June 2, 2004, by the following vote:
AYES: DIRECTORS — Beckman, Hitchcock, Howard, Land, and
President Hansen
NOES: DIRECTORS — None
ABSENT: DIRECTORS — None
ABSTAIN: DIRECTORS — None
SUSAN J. BLACKSTON
Secretary
LFC-11
AGENDA ITEM V4003
s CITY OF LODI — LODI FINANCING CORPORATION
W COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution approving retention of Folger, Levin & Kahn as Outside
Counsel and approving waiving the joint representation conflict
MEETING DATE: June 2, 2004
PREPARED BY: Interim City Attorney
RECOMMENDED ACTION: That the Board of Directors 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.
D. en Schwa e
Interim City Attorney
FUNDING: Water Fund
ie�MR.rueger, Finance Director
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APPROVED:
City Manager
RESOLUTION NO. LFC-12
A RESOLUTION 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
NOW, THEREFORE, BE IT RESOLVED that the Directors of the Lodi Financing
Corporation 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 Directors do hereby approve. waiving the
joint representation conflict.
Dated: June 2, 2004
I hereby certify that Resolution No. LFC-12 was passed and adopted by the
Board of Directors of the Lodi Financing Corporation in a regular meeting held
June 2, 2004, by the following vote:
AYES: DIRECTORS — Beckman, Hitchcock, Howard, Land, and
President Hansen
NOES: DIRECTORS — None
ABSENT: DIRECTORS — None
ABSTAIN: DIRECTORS — None
SUSAN J. BLACKSTON
Secretary
LFC-12