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HomeMy WebLinkAboutAgenda Report - June 2, 2004 K-03LODI CITY COUNC L +�1 Carnegie Forum 305 West Pine Street, Lodi im AiGENM- Lodi Financing Corporation Date: June 2, 2004 Time: 7:00 p.m. r For information regarding this Agenda please contact: Susan J. Blackston City Clerk Telephone: (209) 333.6702 rL 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 TM 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. SJBrmp Attachments APPROVED, councWcouncoW foTreasursndoc 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 TM 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 DSSIpn 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