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HomeMy WebLinkAboutBest, Best & Krieger - 2002-03-04e? $ Council/Agency Meeting He 3�0 -02 �Fot�l Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied 'City Cler Signature Council Meeting Date: 3 4/02 Department ID Number: CA 02-002 CITY OF HUNTING TON BEACH o Zn REQUEST FOR COUNCIL ACTION M. <*: SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS `J' �C_ SUBMITTED BY: GAIL HUTTON, City Attorney _o =1_ PREPARED BY: GAIL HUTTON, City Attorney SUBJECT: Approve the Consent Letter for Best Best & Krieger Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Whether to approve the Consent Letter for Best Best & Krieger to represent the Orange County Superior Court, through the Judicial Council of California, Administrative Office of the Courts to review new -joint powers agreement for the Integrated Law and Justice Agency. Funding Source: No funding required. Recommended Action: (Motion to) Authorize the City Attorney to sign the Consent Letter for Best Best & Krieger to represent the Orange County Superior Court in reviewing and drafting the joint powers agreement for the Integrated Law and Justice Agency. Alternative Action(s): Do not approve the City Attorney to sign the Consent Letter for Best Best & Krieger to represent the Orange County Superior Court Analysis: Best Best & Krieger provides bond counsel services for the City of Huntington Beach Community Facilities District No. 2002-1. According to Rule 3-310 of the California Rules of Professional Conduct, Best Best & Krieger is required to obtain the City's consent before representing other clients whose interests may conflict with the City, discuss the potential impact of their representation, and obtain their clients' informed written consent. Best Best & Krieger has been asked to represent the Orange County Superior Court, through the Judicial Council of California, Administrative Office of the Courts, and review and develop the joint powers agreement for a new Integrated Law and Justice Agency. The new JPA will serve, in part, to improve communications between the law enforcement agencies of the member entities, one of which is the City of Huntington Beach. R QUEST FOR MEETING DATE:. 3/4/02 COUNCIL ACTION DEPARTMENT ID NUMBER: CA 02-002 Best Best & Krieger is requesting that the City Attorney sign the attached consent letter allowing the firm to represent the Orange County Superior Court in this matter notwithstanding the firm's representation of the City in connection with the City Community Facilities District No. 2002-1. The City Attorney foresees no adverse consequences in this matter and recommends that authorization be granted. Environmental Status: Not applicable. Attachment(s): RCA Author: LM Best.doc r ATTACHMENT #1 • CITY CLERK'S ORIGINAL BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS INDIAN WELLS LAWYERS (750) 568-25 I I 3750 UNIVERSITY AVENUE '- POST OFFICE BOX 1028 ONTARIO RIVERSIDE, CALIFORNIA 92502-1028 (909) 989-8584 (909) 686- 1450 (909) 686-3083 FAX BBKLAW.COM January 29, 2002 Gale Hutton, City Attorney City of Huntington Beach P.O. Box 190 2900 Main Street Huntington Beach, CA 92648 Re: Representation of the Orange County Superior Court (through the Judicial Council of California, Administrative Office of the Courts) to Review New Joint Powers Agreement for an Integrated Law and Justice Agency Dear Gale: SAN DIEGO (519) 525-1300 ORANGE COUNTY (949) 260-0962 SAC RAM ENTO (915) 325-4000 We have been requested to represent the Orange County Superior Court, through the Judicial Council of California, Administrative Office of the Courts. They have specifically asked us to review a joint powers agreement for anew Integrated Law and Justice Agency. We understand that this JPA will serve, in part, to improve communication between the law enforcement agencies of the member entities. The member entities are as follows: City of Anaheim, City of Brea, City of Buena Park, City of Costa Mesa, County of Orange, City of Cypress, City of Fountain Valley, City of Fullerton, City of Garden Grove, City of Huntington Beach, City of Irvine, City of La Habra, City of La Palma, City of Laguna Beach, City of Los Alamitos, City of Newport Beach, City of Orange, City of Placentia, City of Santa Ana, City of Seal Beach, City of Tustin and City of Westminster. As you know, however, we also represent the City of Huntington Beach in one or more matters. Accordingly, we have to inform you about our representation of our other clients, discuss with you the potential impact of our representation, and obtain your informed written consent. RULES OF PROFESSIONAL CONDUCT Rule 3 -3 10 of the California Rules of Professional Conduct provides in pertinent part: (C) A member [of the Bar] shall not, without the informed written consent of each client: RVPU13\DRD\626204 LAW OFFICES OF • BEST BEST & KRIEGER LP City of Huntington Beach January 29, 2002 Page 2 (1) Accept representation of more than one client in a matter in which the interests of the clients potentially conflict; or (2) Accept or continue representation of more than one client in a matter in which the interests of the clients actually conflict; or (3) Represent a client in a matter and at the same time in a separate matter accept as a client a person or entity whose interest in the first matter is adverse to the client in the first matter. (D) A member who represents two or more clients shall not enter into an aggregate settlement of the claims of or against the clients without the informed written consent of each client. OUR REPRESENTATION In this matter, we will represent the Orange County Superior Court in the review and development of the joint powers agreement. We will not represent the JPA itself. With respect to the City of Huntington Beach, you should know that we also represent you in the following matters: bond counsel services for City of Huntington Beach Community Facilities District No. 2000-1. You should also know that we represent the City of Orange, the City of Westminster and the County of Orange in similar, unrelated special counsel matters. We perform bond counsel services for the City of Orange and the City of Westminster, and we represent the County of Orange in a special counsel litigation matter involving developer fees. ADVERSE CONSEQUENCES We are obliged to inform you of any actual or reasonably foreseeable adverse effects of this representation. It is possible that our representation of the Orange County Superior Court in reviewing and drafting the. joint powers agreement could conflict with the interests of the City of Huntington Beach. We could also be tempted to favor the interests of any one client over the others. YOUR CONSENT Ifyou wish to allow us to represent the Orange County Superior Court in this matter, we need you to sign this consent letter. It is understood that this consent will not waive any protection that you may have with regard to attorney -client communications with us. Those communications will remain confidential and will not be disclosed to any third party without your consent. RVPUB\DRD\626204 LAW OFFICES OF • BEST BEST & KRIEGER LP City of Huntington Beach January 29, 2002 Page 3 We believe we have given you a sufficiently -detailed description for obtaining informed written consent. However, if you believe that there is any other information that you or I need to have before such consent can be granted, please let me know. In the event that circumstances change or we become aware of new information that requires a new consent from the parties, you will be notified of that fact immediately, and continued representation will be subject to the informed written consent of involved parties. I should emphasize that you are entitled to and should consider obtaining an independent legal opinion regarding the advisability of signing this consent form. Your execution of this consent form will constitute an acknowledgment of full disclosure in compliance with the requirements of Section 3-310 of the California Rules of Professional Conduct previously quoted in this letter. A copy of this letter is enclosed for your files. If you have any questions, please do not hesitate to call. AGREED AND ACCEPTED: By: Dated: 3 X — 6'2. Enclosure Very truly yours, BEST BEST & KRIEGER LLP By: Kim A. Byre s RVPUB\DRD`.626204 • • BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS INDIAN WELLS LAWYERS SAN DIEGO (750) 568-261 1 3750 UNIVERSITY AVENUE (619) 525-1300 POST OFFICE BOX 1 028'.. ^.• I �I -, ONTARIO RIVERSIDE, CALIFORNIA 92502-1'028 l ORANGE COUNTY (909) 989-8584 (909) 686-1450 (949) 250-0952 (909) 686-3083 FAX SACRAMENTO BBKLAW.COM (91 6) 325-4000 January 29, 2002 Gale Hutton, City Attorney City of Huntington Beach P.O. Box 190 2900 Main Street Huntington Beach, CA 92648 Re: Representation of the Orange County Superior Court (through the Judicial Council of California, Administrative Office of the Courts) to Review New Joint Powers Agreement for an Integrated Law and Justice Agency Dear Gale: We have been requested to represent the Orange County Superior Court, through the Judicial Council of California, Administrative Office of the Courts. They have specifically asked us to review a joint powers agreement for a new Integrated Law and Justice Agency. We understand that this JPA will serve, in part, to improve communication between the law enforcement agencies of the member entities. The member entities are as follows: City of Anaheim, City of Brea, City of Buena Park, City of Costa Mesa, County of Orange, City of Cypress, City of Fountain Valley, City of Fullerton, City of Garden Grove, City of Huntington Beach, City of Irvine, City of La Habra, City of La Palma, City of Laguna Beach, City of Los Alamitos, City of Newport Beach, City of Orange, City of Placentia, City of Santa Ana, City of Seal Beach, City of Tustin and City of Westminster. As you know, however, we also represent the City of Huntington Beach in one or more matters. Accordingly, we have to inform you about our representation of our other clients, discuss with you the potential impact of our representation, and obtain your informed written consent. RULES OF PROFESSIONAL CONDUCT Rule 3-310 of the California Rules of Professional Conduct provides in pertinent part: (C) A member [of the Bar] shall not, without the informed written consent of each client: RVPUB\DRD\626204 LAW OFFICES OF BEST BEST & KRIEGER&P City of Huntington Beach January 29, 2002 Page 2 (1) Accept representation of more than one client in a matter in which the interests of the clients potentially conflict; or (2) Accept or continue representation of more than one client -in a matter in which the interests of the clients actually conflict; or (3) Represent a client in a matter and at the same time in a separate matter accept as a client a person or entity whose interest in the first matter is adverse to the client in the first matter. (D) A. member who represents two or more clients shall not enter into an aggregate settlement of the claims of or against the clients without the informed written consent of each client. OUR REPRESENTATION In this matter, we will represent the Orange County Superior Court in the review and development of the joint powers agreement. We will not represent the JPA itself With respect to the City of Huntington Beach, you should know that we also represent you in the following matters -- bond counsel services for City of Huntington Beach Community Facilities District No. 2000-1. You should also know that we represent the City of Orange, the City of Westminster and the County of Orange in similar, unrelated special counsel matters. We perform bond counsel services for the City of Orange and the City of Westminster, and we represent the County of Orange in a special counsel litigation matter involving developer fees. ADVERSE CONSEQUENCES We are obliged to inform you of any actual or reasonably foreseeable adverse effects of this representation. It is possible that our representation of the Orange County Superior Court in reviewing and drafting the joint powers agreement could conflict with the interests of the City of Huntington Beach. We could also be tempted to favor the interests of any one client over the others. YOUR CONSENT Ifyou wish to allow us to represent the Orange County Superior Court in this matter, we need you to sign this consent letter. It is understood that this consent will not waive any protection that you may have with regard to attorney -client communications with us. Those communications will remain confidential and will not be disclosed to any third party without your consent. RVPUB\DRD\626204 LAW OFFICES OF BEST BEST & KRIEGEOLP City of Huntington Beach January 29, 2002 Page 3 We believe we have given you a sufficiently -detailed description for obtaining informed written consent. However, if you believe that there is any other information that you or I need to have before such consent can be granted, please let me know. In the event that circumstances change or we become aware of new information that requires a new consent from the parties, you will be notified of that fact immediately, and continued representation will be subject to the informed written consent of involved parties. I should emphasize that you are entitled to and should consider obtaining an independent legal opinion regarding the advisability of signing this consent form. Your execution of this consent form will constitute an acknowledgment of full disclosure in compliance with the requirements of Section 3 -3 10 of the California Rules of Professional Conduct previously quoted in this letter. A copy of this letter is enclosed for your files. If you have any questions, please do not hesitate to call. Very truly yours, BEST BEST & KRIEGER LLP By: Kim A. Byren AGREED AND ACCEPTED: LO-A Dated: Enclosure RVPUB\DRD\626204 RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Approve the Consent Letter for Best Best & Krieger COUNCIL MEETING DATE: 03/04/02 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RET RNED FORWARDED, Administrative Staff Assistant City Administrator Initial City Administrator Initial Gz City Clerk EXPLANATION FOR RETURN OF ITEM: 1 RCA Author: