Resolution No. 9193r • '
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RESOLUTION NO. 9193
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
CONFLICT OF INTEREST WAIVER LETTER AGREEMENT BY AND
BETWEEN THE CITY OF VERNON AND NOSSAMAN, GUTHNER,
KNOX & ELLIOTT, LLP RESPECTING PROPERTY LOCATED AT
5001 SOUTH SOTO STREET
WHEREAS, the law firm of Nossaman, Guthner, Knox & Elliott,
LLP ("Nossaman") represents the City of Vernon with respect to certain
governmental relations work; and
WHEREAS, Nossaman has been asked to represent Downtown
Properties, LLC, aka Downtown Properties Holdings, LLC (collectively,
"Downtown Properties") in connection with the acquisition of commercial
property located at 5001 South Soto Street in the City of Vernon which
is owned by the City of Vernon; and
WHEREAS, Howard D. Coleman of Nossaman submitted a Waiver of
Conflict of Interest Letter dated November 15, 2006 with regard to
Nossaman's representation of both Downtown Properties and the City of
Vernon; and
WHEREAS, the City Council desires to approve and authorize
the execution of the Waiver of Conflict of Interest Letter with
Nossaman.
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
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
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approves the Waiver of Conflict of Interest Letter with Nossaman, a
copy of which is attached hereto as Exhibit A and incorporated by
reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Acting City Administrator or the City Attorney to
execute said Letter Agreement for, and on behalf of, the City of
Vernon and the Acting City Clerk is hereby authorized to attest
thereto.
SECTION 4: The City Council of the City of Vernon hereby
directs the Acting City Clerk, or his designee, to send one fully
executed Letter Agreement to:
Nossaman, Guthner, Knox & Elliott, LLP
Attn. Howard D. Coleman, Esq.
445 S. Figueroa St., 31st Floor
Los Angeles, CA 90071-1602
SECTION 5: The Acting City Clerk of the City of Vernon
shall certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 13th day of December, 2006.
ATTEST:
^L
BRUCE V. MA KENHORST, JR.,
Acting City Clerk
TH MAS A. VIBARRA, Mayor Pro-Tem
- 2 -
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(STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 9193, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, December 13, 2006, and thereafter was duly signed by the
Mayor Pro-Tem of the City of Vernon.
BRUCE Y. MALKENHORST, JR.
Acting City Clerk
(SEAL)
- 3 -
.I
EXHIBIT
A
LAW OFFICES
NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
SAN FRANCISCO
THIRTY-FIRST FLOOR
WABHINGTON. Q C./VIRGiN1A
THIRTY-FOURTH FLOOR
445 SOUTH Fip UEROA STREET
SUITE 900
2111 WILSON BOULEVARD
50 CALIFORNIA STREET
LOS ANGELES. CALIFORNIA 90071-1602
ARLINGTON. VA 22201.3052
SAN FRANCISCO. CA 94111-4799
(415) 398.3600
TELEPHONE (213) 612-7800
(T03) 361.6010
FACSIMILE (213) 512.7801
IRVINE
AUSTIN
SUITE 1800
SUITE 1050
18101 VON KARMAN AVENUE
HOWARD 0. COLEMAN
919 CONGRESS AVENUE
IRVINE, CA 92612-0177
DIRECT DIAL NUMBER
,AUSTIN, TEXAS 78T01.2745
(5t2)651.0660
(949) 833-7800
(213) 612.7821
EMAIL hcolemanQnassaman.Com
SACRAMENTO
SEATTLE
SUITE 1000
915 L STREET
November 15 2006
,
SUITE 100
1100 DEXTER AVENUE N.
SACRAMENTO, CA 95814.3705
SEATTLE, WA 98109
(916) 442.8868
(206) 28a-5695
REFER TO FILE NUMBER
280791 - 0001
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90055
Re: Downtown Properties Holdings, LLC
Gentlemen:
We have been asked to represent Downtown Properties, LLC; aka Downtown Properties
Holdings, LLC ("Downtown Properties") in connection with the acquisition of commercial
property located at 5001 South Soto Street, Vernon, CA, which property is owned by the City of
Vernon. We currently represent the City of Vernon with respect to certain governmental
relations work.
This letter requests a waiver of potential conflict of interest with regard to our
representation of both Downtown Properties and the City of Vernon with regard to governmental
relations work.
As you know, as attorneys we are governed by specific rules relating to our
representation of clients when present or potential conflicts of interest exist. The applicable
provisions of the California Rules of Professional Conduct state:
Rule 3-310. Avoiding the Representation of Adverse Interests.
(C) A member shall not, without the informed written consent
of each client:
(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.
333332_I .DOC
t
NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
Mr. Willy K. Ma
November 15, 2006
Page 2
If the City of Vernon is comfortable with the consent and waiver, please execute a
copy of the letter in the space below and return a copy to me. Please feel free to call me if you
have any questions or desire any further information.
V truly yours,
0, �yy+
ward D. Coleman
of NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
HDC/mif
ACCEPTED AND AGREED TO:
THE CITY OF VERNON
By:
Name:
Title:
333332_i.DOC
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
December 27, 2006
♦
sr 4W
'I♦rJ
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
Mr. Howard D. Coleman, Esq.
Nossaman, Guthner, Knox & Elliott, LLP
445 S. Figueroa St., 31st Floor
Los Angeles, CA 90071-1602
MARK C. WHITWORTH
Fire Chief
LEWIS J. POZZEBON
Director of Environmental Health
S. KEVIN WILSON
Director of Community Services
SHARON L. DUCKWORTH
City Treasurer
DONAL O CALLAGHAN
Director of Light & Power
Re: Conflict of Interest Waiver Letter Agreement - 5001 South Soto St.
Dear Mr. Coleman:
Transmitted herewith is a signed copy of the above -referenced letter,
approved by City Council on December 13, 2006, through Resolution No.
9193.
If you have any questions regarding this matter, please call Mr. Jeff
Harrison, at (323) 583-8811 ext. 225.
Very truly yours,
y
1
Nelly Giron
Deputy City Clerk
NG:dr
c: Resolution No. 9193
Agreement File No. 06-144
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