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Home My WebLink AboutAgenda Bill 5.B 11/01/2004CITY OF PETALUMA, C AL:IFORNIr AGEl�DA, IL ov IJ , Agenda Title :, Meeting Date: Discussion and Possible Action of Waiver Request from Meyers :November 1, 2004 Nave Riback Silver,'& Wilson Regarding Legal Representation of Sonoma Mann Area Rail Transit Meeting Time X 3:00 PM ❑ 7:00 PM Category (check one) ® Consent Calendar . ❑ Public Hearing ❑ New Business Unfinished Business ❑ Presentation D epartment : Director Contac(Person Phone :Number City Manager Michael Bierman Michael Bierman 778 -4345 Cost of Proposal N/A Account Number Amount Budgeted Name' of Fund: Attachments , to Agenda. Packet °Item 1) Letter from Meyers Nave Riback Silver & Wilson 2) Draft Resolution Summary Statement The law firm of Meyers Nave. Riback Silver & Wilson has been asked to represent ,(" M ") with the env Sonoma Marin Area Rail Transit' SMART � in connection � 'with- ` ironmentai condition of the Santa Rosa Station Phased- Closing Property. "Meyers Nave.. represents the City of Petaluma in a broad range of advice including advice, analysis and negotiations concerning a proposed agreement betweenAhe City and SMART involving a new industrial "lead rail line, passenger rail service, .upgrade of switches and retrofitting signals at certain intersections in the. City. At' this time, the representation of SMART on the Santa Rosa Station matter and the`representation of the City of Petaluma on the. new rail industrial lead line matter are completely. unrelated. Attached is a copy of `a letter sent by Nave Riback Silver &.Wilson regarding this potential conflict of 'interest. Recommended Cit `t until Ac tion /Suggested `Motion By motion, direct the City'Manager to sign the attached lett agreeing to the representation waiver. Reviewed by Finance Director.: Revie� ne Approved by City 1Vlanager Date: : . Date: , T:oday' -Date ; Revision _# ,a " bit Revised: ; File Code: 10/13/04 m e y e r S I n e v v riback sliver & wilson r of�ession.u�l la cot 0ti "o!n Leah Goldberg F P ra Attorney at Law 510.808.2000 October 20, 2004 VIA U.S. MAIL Sonoma Maria Area, Rail Transit - Lillian Ham es; General Manager „,,. 4040 Civic Center"Drive San Rafael, California 94901 City of Petaluma Mike Bierman, City Manager PO BOX 61 Petaluma, :CA "94953 70061 ' Re:. Potential'Confl ct of lnterest represent) g the Sonoma Mark AreaRail Transit (BINARY) and the City of Petaluma Dear Hames and'Mr.. Bierman: 06 have been asked to represent Sonoma Marin Area: Rail Transit` in connection, with the environmental condition of the Santa Rosa Station Phased Closing Property under the Aprif 1996 Agreement between Union Pacific Railroad. and tile` Northwestern Pacific Railroad Authority - (NWPRA): Leah Goldberg represented the Northwestem - Pacific Railroad.Authority ( "NWPRA ") .on this: same matter'-prior to joining Meyers Nave. NWPRA has ,since; transferred all of'its assets and. contracts to SMART pursuant to recent legislation. We currently represent the City of Petaluma as City Attomey and serve as General Counsel: for the Petaluma Community Development Commission. Rich Rudnansky serv as the appointed City Attorney for the City -.antl as the Community Development Commission General Counsel. Meyers Nave's representation of Petaluma includes a broad range. of advice' and gation .matters, including advice, analysis and: negotiations ; conceimin4 a proposed agreement. between the City°of Petaluma and SMART, invoiving -anew industrial lead rail line, passenger rail service, upgrade of switches and °retrofitting signals at certain .intersections jn the Gity Petaluma. We 'are, `writing Io request the informed written' consent ,of SMART and the City of Petaluma 'to our representation of SMART on the, Santa Rosa Station matted whle we, represent City of Petaluma concerning the new rail industrial lead line matter in Petaluma, which as far as we know,are matters completely unrelated to each other.: However, the California Rules of'Professional Conduct require informed written consent before 1) accepti Q ng -representationV more -than one client in a matter in -which the -interests ofmthe clients potentially conflict; or • 2 accepting or continuing to represent more than one client in a matter In which p g continuing the _interests of the clients. 401 Mendocino Avenue, Suite,100 I ' Santa RvsW, Ca;ifomia 954Ui I tel707545.B009. ° I fax 707.545.6617 I www.me OAKLAND • SAN LEAN11 •- S"ANTA ROSA • SACRAKENTO • SAN FRANCISCO ® LOS ANGELES Sonoma,Marin Area"Rail Transit, Lillian Haines, General Manager City of Petaluma,.Mike Bierman, City Manager Re: Potential:Conflictof In terest�representing the Sonoma,Madn ( 1 and; the C ArmRail Transit SMART of Petaluma October20,2 004 Page 2 actually, conflict; or 3) representing a, client in' a matter and :at fhe =same time m: !a .separate,matter.accepting as a client a, person or entity whose. interest in` the first,'matter is adverse to� the client 'in the first matter' (Rule 3- 310(0)); Additionally, =Rule 3- states that °atawyer shall not, without the informed written consent of'the client . or former client, accept employment adverse to .the client . or former client where, by reason of the . representation of'tho client or former client the: member has confidential information material to the employment;, While our representation of SMART,wil! not resultiin,our representing SMART and the. Gity of Petalaft1n° the same matter, it will' result in our representing, SMART on the .Santa ,Rosa Station matter at the sambd . time a-& we are representing the C ty .of Petaluma in negotiations with SMART o n; issues unrelated t6'the Santa Rosa Station: Since.we have professional, dutybf Undivided,loyaity'to'each current•client we need the, informed written consent of SMART and the City of'Petaluma before we, can repr=esent SMART on the ` Santa Rosa Station 'matter. With reference to Rule 310(E) we do-not belie we have any confidential informahonirom the'Cit of'Pefaiuma that�woul y d,b ejmatena! to h Santa Rosa Station matter "in which we,have been asked :to-represent SMART Likewise; we do 'not beleve�ttiat we have obtained. any_ confidential' from SMART to, the new ra I mdustridberg's: prior rep fesentafion' of the NVITPRA that would be material 'to: matters relating al lead line matter in Petaluma: VVe'reques# that; SNiART and the City °of Petaluma each; consider this wnt#en;request.carefully..You may wish to confer with independent legal counsel regarding this cons`enL and .should :fee[ free #o do so: R after review°and consideration of the foregoing! SMART desires this firm to, .represent it the 'Santa osa ;Station matter,. and consents to . our ongoing representation of- the City ..of Petaluma corfceming a broad`range of 'matters, °including, the new rail; industrial lead, line matter in. Petaluma, ;and related' matters, Please sign all.;three of he enclosed' copies of thin letterznd return all three tar Meyers Nave: as soon.a& possible: . If after review and consideration of the: foregoing,'the C ty:of ;Petaluma .consents to our representation of SMART in, the Santa Rosa Station matter, please; sign all tre& of� the , enclosed) copies of this letter and return allthree to MeyersNave as soon as'possible'.: T cos es o SMART i ty the 'C Please al o note h t. th s d sc o urerena nsent Idtt e r may nafu[e p y _ a cons tt be signed counterparts. .. i. Sonoma Mann' Area Rail Tran Cit B�ermant City Man Gen 'M h - ames Manager of Petaluma, Mike i y Manager Re: Potential Convict of Interest representirig;the SofiomaJNiann� Area Rail Transit (SMART) and the City. of Petaluma October 20; 2004 Page 3 Please do, not hesitate: 'to call either Leah Goldberg o'r Ridi- Rudnansky if you have any questions or concemsi,about:;the foregoing. Sincerely, MEYERS;' RIBACK, SILVER °& WILSON, Leah Goldberg R' h Rudnansky, Petaluma City Attorney Cc: Norma Jellison LSGsb 718132_4 r . Sono w Mari6 Area Rail Transit, L illian'Hames General Manager City 00 Petaluma,. Mike yBierman, City Manager Re: Potential Conflict of Interest representing fhe,;Sonoma Mann • Area Rail`Transit (SMART) acid the City °.of Petaluma October 20 2004, Page 4 SMART consents to Ihelepresentation described above: Dated: SMART' ' r _ By: The City :'Petaluma consents to the' representation'described above: Dated:, City of Petaluma' - Sys Michael Bierman, City Manager