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Home My WebLink About1994-03-15; City Council; 12622; TRASH AFFAIRS CONSENT TO PAYMENT OF LEGAL FEES FROM THE COUNTY SOLID WASTE ENTERPRISE FUND AND WAIVER OF CONFLICTSTRASH AFFAIRS CONSENT TO PAYMENT OF MTG.3/15/94 LEGAL FBEG FROM THE! COUNTY bOLID CA WASTE ENTERPRISE FUND AND WAIVER OF DEPT. AB # i3,be-z- TITLE: CONF JITCTS D c c c :*; Q E: a- %. p..l 2 Z 0 F 0 a 6 z 3 0 0 A WY OF CARLSBAD - AG~ A BILL RECOMMENDED ACTION; &&pf /&8C.JL*fBfl /Is, gq-33 It is recommended that the City Council authorize th execute the March 3, 1994 letter from the law offices Woodruff & Spradlin. The City joined the Interim Commission, now composed of in the County of San Diego to participate in th establishment of a permanent governance entity to me waste disposal in the County of San Diego in 1993. 7 Commission's current deadline to establish a permanent entity is May 31, 1994. At its meeting in February Interim Commission voted to hire independent counsel 1 this task and to charge expenses for these services to Solid Waste Enterprise Fund. The law firm of Rourke, Spradlin has been hired to provide these services and ha the City to cansent to this manner of payment and tc potential conflicts of interest by virtue of fi representation of individual cities on the Commission the City of Carlsbad, the Interim Solid Waste Commiss and the County of San Diego as a participant on the Comm recommend that the City execute the requested waive] until May 31, 1994, unless sooner revoked by the City extended beyond May 31, 1994 in writing. FISCAL IMPACT There will be no fiscal impact to the Cityls general f expenses shall be paid from the County Solid Waste Enter EXHIBIT Resolution No. e)? - 77 ITEM EXPLANATION 1 2 3 4 5 6 7 8 9 10 11 12 am 13 $E& 4.08 14 ow2 Z!UO $034 gd$ a-so ooL 15 2;sz zwmg “a90 k3 0 SW? m> ozJ - 16 E2 401 >:!a: 17 l8 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 94-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE MAYOR TO EXECUTE THE LETTER FROM ROURKE, WOODRUFF & SPRADLIN AND WAIVER RE CONFLICTS OF INTEREST WHEREAS , the Interim Commission’s current dc 1994 WHEREAS, at its meeting in February 1994, tl Commission voted to hire independent counsel to complete and to charge expenses for these services to the County s Enterprise Fund: and establish a permanent governance entity is May 31, WHEREAS, the law firm of Rourke, Woodruff & SI been hired to provide these services and has requested 1 consent to this manner of payment and to waive any conflicts of interest, NOW, THEREFORE, BE IT RESOLVED by the City Cou City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and t That the Mayor is authorized to execute th March 3, 1994 from the law firm of Rourke, Woodruff & S such waiver shall be valid until May 31, 1994, unl revoked by the City Council or extended beyond May : writing. 3. part of said March 3, 1994 Letter. A copy of this resolution shall accompan] /// /// /// /// 4 1 2 3 4 5 6 7 8 9 10 11 0 0 PASSED, APPROVED AND ADOPTED at a Regular Meetil day of City Council of the City of Carlsbad on the 15th 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaar NOES: None ABSENT: Council Me ATTEST : 12 9., 13 muE m> &Em an8 JQW% duo 14 $045 ZAZ ciszg 15 ZWV)~ gzg6 16 oza Po% 50 2;$2 60J E:% 17 18 19 20 21 22 23 24 25 26 27 28 ALETHA L. RAUTE (SEAL) 0 LAW OFFICES OF 0 ROURKE, IVOODRUFP a SPRADLIN A PROFESSIONAL CORPORATION TELEPHONE I FACSIMILE I M LOIS BOEAK DAVID A DE BERRY SUITE 7000 701 SOUTH PARKER STREET CRAIG G FARRINGTON IOStPH W FOHBATH LOIS E JEFFRLY ORANGE, CALIFORNIA 92668 HOBERT W LUCAS CHERYL LYNN WRITER’S DIRE( EETTY C MRGUDICH THOMAS F NIXON JAMES W PARKER JAMES G ROURKE (714: March 3, 1994 JOHN H SHAW KENNARD H SMART JH LIIANlC I SPLNCE DANIEL K SPRADLIN ALAN R WATTS WAYNE W WINTHERS THOMAS L WOODRUFF City of Carlsbad 1200 Carlsbad Village Driiie Carlsbad, CA 92008-1989 Re: San Diego Interim Solid Waste Management Commission Letter of Waiver and Acknowledgment Dear Councilpersons: Rourke, Woodruff & Spradlin has been selected by the San Diego Inter Waste Management Commission to provide legal services to assist in the formation of a permanent Solid Waste Management Commission between this May 31, 1994. Rourke, Woodruff & Spradlin requests that the City of Carlsbad, as : participant in the work of the Interim Solid Waste Management Commission, F conflicts of interest which will arise from our Firm’s joint representation of the f parties with respect to the formation of a permanent Solid Waste Mar Commission: 1. The City of Carlsbad, as a participant in the Interim Commissior 2. The Interim Solid Waste Management Commission, 3. The County of San Diego, as a participant in the Interim Commi Additionally, Rourke, Woodruff & Spradlin requests that the City of Ca a participant in the Interim Solid Waste Management Commission, waive the ( of San Diego’s Solid Waste Enterprise Fund, as the designated source of fb interim legal services. interest which will arise from the payment for legal services occurring out of t1 0 0 City of Carlsbad March 3, 1994 Page 2 By executioil of the acknowledgment herein below provided, the City of C hereby waives any conflict arising from the work of Rourke, Woodruff & Spradli joint representation of the above parties as participants in the Interim Solid Management Commission or from the payment of legal fees to Rourke, Wool Spradlin from the County of San Diego’s Solid Waste Enterprise Fund. Very truly yours, % I adq d 5r ROURKE, WOODRUFF & SPF Claude A. Lewis, Mayor (sand rego\sd I tr-2) cc: City Attorney 0 i (1 0 LAW OFFICES OF ROURKE, WOODRUFF 8c SPRADLIN M LOIS BOEAK A PROFESSIONAL CORPORATION TELEPHONE FACSIMILE DAVID A DE BERRY CRAIG G FARRINGTON JOSEPH W FORBATH LOIS E JEFFREY ORANGE. CALIFORNIA 92668 ROBERT W LUCAS CHERYL LYNN WRITER'S DIRE BETTY C MRGVOICH THOMAS F NIXON SUITE 7000 701 SOUTH PARKER STREET JAMES W PARKER (7 14) JAMES G ROURKE JOHN R SHAW KENNARD R SMART JR DANlE I SPENCE DANIEL K SPRADLIN ALAN R WATTS March 3, 1994 WAYNE W WINTHERS THOMAS L WOODRUFF Mayor Claude Lewis City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 Mr. Ray Patchett, City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 Re: Legal Services San Diego - Interim Solid Waste Management Commission Dear Mayor Lewis and Mr. Patchett: The law firm of Rourke, Woodruff & Spradlin has been selected Commissioners of the San Diego Interim Solid Waste Management Commission the Commission in the activities preceding the possible creation of a permane Waste Management Commission. As you are aware, if the differences among t that are now represented at the Interim Commission can be successfully res permanent Solid Waste Management Commission will be formed and begin its c June 1, 1994. We are hopeful that we can assist the Interim Commission in makj progress to meet the approaching deadlines. One administrative matter that needs to be addressed is the securin; services. As you may know, extensive debate has occurred as to responsil payment for professional services provided to the Interim Commission. Son Commissioners have favored an autonomous approach, which would require m: to contribute to costs from their general fund monies. Other cities have favoi the existing Solid Waste Enterprise Fund to secure necessary services. At the Commission meeting the matter was resolved by majority vote of the Cornmiss favor of using the Solid Waste Enterprise Fund to secure legal services. r d @ e City of Carlsbad March 3, 1994 Page 2 Accordingly, we have enclosed a letter to be executed by an autk representative of your city approving and accepting use of the County’s Solid Enterprise Fund for payment of legal services provided to the Interim Commissic acknowledging and waiving any conflict that may occur between your city, the I Commission and the County of San Diego on this issue. We believe that the profe rules of ethics that govern the practice of law in California require that the issue potential difference in interest between these parties be openly discussed a pP,rniSSiOn of al! parrticipt p2rtkS received befme our services are redered und arrangement. The matter of professional conflicts may be considered an inherent part of c an organization from a group of parties that may have divergent interests. These may either employ separate counsel to represent them or they may utilize one c taking the benefits attendant to the use of one representative, in exchange for recc that the interest of the whole may be different from their individual interests. We that the basic principles of client representation will allow our firm to represent an the Interim Commission in a manner that is fair and equitable to all member a2 We also encourage each member agency to continue gaining input from their s counsel or city attorney as to their individual interests with respect to the work Interim Commission. This dual approach will allow each member to fully partic the work facing the Commission in the coming months secure in the knowledge th support services are in place. We request that each of the member cities to the Interim Commission exe enclosed conflict acknowledgement and waiver letter and return it to our office as possible. We are available to answer your questions with respect to this mat you may reach either John Shaw or Betty Mrgudich at (714) 558-7000. Very truly yours, 73L--Q-u*qP ROURKE, WOODRUFF & SPE (sandiego\sdltr-1) cc: Ronald R. Ball, City Attorney * March 17, 1994 Rourke, Woodruff & Spradlin 701 South Parker Street, Suite 7000 Orange, CA 92668 Re: The Carlsbad City Council, at its meeting of March 15, adopted Resolution No. 94-77, authorizing the Mayor to execi Spradlin and such waiver shall be valid until May 31, 1994, sooner revoked by the City Council or extended beyond May 3 in writing. Enclosed is a copy of Resolution No. 94-77 for your record: Trash Affairs Consent to Payment of Legal Fees letter of March 3, 1994 from the law firm of Rourke, Wood KRK: ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9)