Resolution No. 93101
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RESOLUTION NO. 9310
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
CONSENT AND WAIVER OF CONFLICT LETTER BY AND
BETWEEN THE CITY OF VERNON AND KIRKPATRICK &
LOCKHART PRESTON GATES ELLIS LLP
WHEREAS, Kirkpatrick & Lockhart Preston Gates Ellis LLP
("Kirkpatrick") has provided legal services to the City in the past in
a variety of litigation and regulatory matters, including ongoing
litigation over the City's refund liability arising out of the 2000
2001 California energy crisis and various other cases and matters
(collectively, the "City Matters"); and
WHEREAS, Kirkpatrick has been asked to represent the
California Department of Water Resources (the "DWR") and the
California Resources Agency in connection with the development of a
habitat conservation plan under the Federal and state endangered
species acts for the California Bay Delta (collectively, the "DWR
Matters"); and
WHEREAS, Kirkpatrick has requested the City's consent and
waiver of conflict relating to their proposed representation of DWR
and the DWR Matters and their ongoing representation of the City; and
WHEREAS, the City believes that Kirkpatrick's proposed
representation of DWR and the DWR matters will not adversely affect its
ongoing relationship with the City or materially affect its
representation of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
1 finds and determines that the recitals contained hereinabove are true
2 and correct.
3 SECTION 2: The City Council of the City of Vernon hereby
4 approves and authorizes the execution of the Consent and Waiver of
5 Conflict Letter with Kirkpatrick.
6 SECTION 3: The City Council of the City of Vernon hereby
7 authorizes the City Attorney to execute said Consent and Waiver of
8 Conflict Letter with Kirkpatrick for, and on behalf of, the City of
9 Vernon and the City Clerk is hereby authorized to attest thereto.
10 SECTION 4: The City Council of the City of Vernon hereby
11 directs the City Clerk, or her designee, to send one fully executed
12 Consent and Waiver of Conflict Letter to:
13 Kirkpatrick & Lockhart Preston Gates Ellis LLP
Attn. Dennis M.P. Ehling, Esq.
14 10100 Santa Monica Blvd., Seventh Floor
15 Los Angeles, CA 90067
16 SECTION 5: The City Clerk of the City of Vernon shall
17 certify to the passage of this resolution, and thereupon and
18 thereafter the same shall be in full force and effect.
19 APPROVED AND ADOPTED this 7th day of May, 2007.
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22 HILARIO GONZALES, Mayor Pro-Tem
23 A TEST:
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M NUELA GIRO , City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9310, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, May 7, 2007, and
thereafter was duly signed by the Mayor or the Mayor Pro-Tem of the
City of Vernon.
(SEAL)
- 3 -
SUPPORTING
DOCUMENTS
P 1.
of
OFFICE OF THE CITY ATTORNEY
Jeff A. Harrison, City Attorney
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1438
May 7, 2007
Dennis M.P. Ehling, Esq.
Kirkpatrick & Lockhart Preston Gates Ellis LLP
10100 Santa Monica Blvd. 7tn Floor
Los Angeles, CA 90067
/fi- 0 0
iq
Re: Consent and Waiver of Conflict Letter - California
Department of Water Resources
Dear Dennis:
Enclosed please find a copy of the signed consent and waiver
letter respecting the dual representation of both the City and
the California Department of Resources authorized by Resolution
No. 9310.
If you have any questions, please contact me.
Very tru y yours,
7
t
f
J€6 H rrison
City Attorney
JH:j1
Enclosure
cc: Nelly Giron, City Clerk (original signed letter)
Ekcfusivefy Industrial
May 2, 2007
PRIVILEGED AND CONFIDENTIAL
First Class Mail, Facsimile and E-Mail
Jeff A. Harrison
City Attorney
City of Vernon
4305 Santa Fe Avenue
Kirkpatrick & Lockhart Preston Gates Ellis iie
10100 Santa Monica Boulevard
Seventh floor
Los Angeles, 0A 90067
r 310.552,5000 www.klgates,cono
Dennis M.P. Ehling
D 310.552.5090
F 310.552.5001
dennis.ehling@klgates.com
Vernon, California 90058
Re: Conflict Involving California Department of Water Resources
Dear Jeff:
This letter confirms our recent conversations concerning our ongoing representation
of the City of Vernon on a variety of matters and our proposed representation of the
California Department of Water Resources.
As you know, Kirkpatrick & Lockhart Preston Gates Ellis LLP (the "Firm") currently
represents the City of Vernon in connection with several litigation and regulatory matters,
including the ongoing litigation over the City's refund liability arising out of the 2000-2001
California energy crisis (the "Refund Cases") and various other cases and matters
(collectively with the Refund Cases, the "City Matters").
In addition, as I have discussed with you, the Firm has recently been asked to
represent the California Department of Water Resources (the "DWR") and the California
Resources Agency in connection with the development of a "habitat conservation plan"
under the Federal and state endangered species acts for the California Bay Delta. (the "DWR
Matter"). The City of Vernon is adverse to the Department of Water Resources in the
Refund Cases. While the Refund Cases are entirely unrelated to our proposed work on the
Bay Delta Conservation Plan, the Firm would have ongoing duties of loyalty to both the City
of Vernon and the DWR with respect to these unrelated matters.
Because our work for the City on the City Matters and the DWR Matter are not
related, we believe that our proposed representation of DWR will not adversely affect our
ongoing relationship with you, and will not adversely affect our exercise of independent
professional judgment on behalf of the City or our representation of DWR on the Bay Delta
matter. Further, we believe that our ongoing representation of the City will not be materially
limited by our responsibilities to DWR. Nonetheless, in view of the ongoing duties of
LA-172317 vl
NM
Jeff A. Harrison
May 2, 2007
Page 2
loyalty we would owe to both the City and to DWR, we wish to address at the outset any
conflict issue that our ongoing representation of the City and our proposed representation of
DWR might otherwise present under these circumstances and to ensure that you concur with
our conclusions.
Accordingly, by this letter, we request your consent to our proposed representation of
DWR and to our ongoing representation of the City as set forth in this letter, and we further
request that you waive any conflict, whether actual or potential, that might arise from such
dual representation. If you do so consent and waive, please execute and return the enclosed
copy of this letter. Your consent and waiver, upon which we will rely, are conditioned upon
our receipt of a counterpart consent and waiver from the DWR.
We appreciate your consideration with respect to this matter, and we look forward to
our continued opportunity to serve you in the future.
Sincerely,
Dennis M.P. Ehling
DME:
day of , T�7
City of Vernor, California
By.
_ 9#
Title: COY 47-i'041CY
OFFICE OF THE CITY ATTORNEY
Jeff A. Harrison, City Attorney
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1438
January 13, 2008
Via Fax and U.S. Mail
Dennis M.P. Ehling, Esq.
Kirkpatrick & Lockhart Preston Gates Ellis LLP
10100 Santa Monica Blvd. 7 t h Floor
Los Angeles, CA 90067
Fax No. (310 ) 552-5001
Re: Notice of Termination
Dear Dennis:
in furtherance of the City's organizational restructuring objectives
during the current financial climate, the City Council of the City of
Vernon adopted Resolution No. 9822 terminating all agreements with
Kirkpatrick & Lockhart Preston Gates Ellis LLP, a copy of which is
enclosed.
This letter is to serve as written notice of termination of all agreements
effective immediately, and instruction to cease providing any services as
of January 13, 2009. Please turn over all client files to me within the
next ten (10) business days. Thank you for all of your work on behalf of
the City.
If you have any questions, please contact me.
Very trul)y yours,
a
J A. arrison
City Attorney
JH:j1
Enclosure
cc: Nelly GrW(w/o Encl.) (Resolution No. 9822)
Evcfusive(y Industria(