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Home My WebLink About1999-11-02; City Council; Resolution 99-475w 0 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION NO. 99-475 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE RETENTION OF ADDITIONAL SPECIAL COUNSEL WHEREAS, section 2.14.130 of the Carlsbad Municipal Code provide: the City Council may employ special counsel under terms it considers proper; and WHEREAS, the City Council has determined, upon recommendation c City Attorney, that it is necessary to retain additional special counsel for legal servic relation to development and implementation of telecommunications regulation, NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit Carlsbad, California, as follows: 12 Q siu; 1. That the above recitations are true and correct. *>- .Jzm 13 iyp 2055 14 rris>g ZAZ Rutan & Tucker as he considers appropriate pursuant to the “Proposal to Provide LC 0 nu. 15 z!;sz ZWWo nnq, E:; QOJ an8 2. That the City Attorney is hereby authorized to employ the law firm ( ozA - 16 Services in Relation to Development and Implementation of Telecommunications g N s 17 Ordinance” attached hereto as Exhibit “A. 0 18 19 20 21 22 23 24 25 26 27 28 3. That the City Council authorizes the expenditure of funds as may t necessary to pay the fees of special counsel for legal services in relation to develop and implementation of telecommunications regulation. Ill Ill Ill Ill Ill W 0 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Cil 2 3 4 5 6 7 8 9 10 l1 II om SEW a08 oug ‘1)> LE SESS ~&/: goo9 a;$? 62YQ rrrr50- 002 LOffl >Y% Eu ALL, a01 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Council of the City of Carlsbad held on the 2nd day of November I 1999 b following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulc NOES: None ABSENT: None (SEAL) "Exhibit A" 0 0 RUTAN - AW RUTAlr 11880-19721 IAMESB TUCKER, SR ~1686-19SOI MIXD W DAHL. SR (1914.1988) H RODGER HOWELL(I925.198: IXMLS R MOORE' IAMES L MORRIS KENT M CLAYTON ROBERT E. KING PAUL FREDERIC MARX WILLIAM I CAPLAN DAVID B COSCROVE HANS VAN LICTEN RICHARD A CURNUTT MICHAEL T HORNAK STEPHEN A ELLIS LLONARD A HAMPEL JOHN 8 HURLBUT IR IOEL D KUPERBERG MATTHEW K ROSS ILFFREY WERTHEIMER STEVEN 1 COON MICHALL W IMMELL MILFORD W DAHL 1R THOMAS C BROCKINGTON ADAM K VOLKERT THEODORE I. WALLACE IR . WllLlAM W WYNDER IEFFREY A COLDPARB TODD 0 LlTFlN GILBERT N KRUGER EVRlDlKI iVlCKll DALLAS F. KEVIN BRAZIL KARA 5. CARLSON JOSEPH D CARRUTH RANDALL *I BABBUSH LAYNE H MELLER ERIC L DL:NN MARK BUDENSIEK DElA M HEMlNGWAl JOSEPH L MACA. 111 IULIE K WHANG KRAlG C KILGER DENISE L. MESTER PHlllP D KOHN &TUCKER: W ANDREW MOORE STEVEN 4 NICHOLS ROBERT 0 OWEN DOUCLASJ DENNINCTON ALISON L TSAO TREC A IULANDER CHARLES A DAYENP< DANIEL L GEBERT IULlE 1. DREW N*T*CH* I PAVlA ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 611 ANTON BOULEVARD, FOURTEENTH FLOOR COSTA MESA, CALIFORNIA 92626-1998 DIRECT ALL MAIL TO: POST OFFICE BOX 1950 TELEPHONE 714-641-5100 FACSIMILE 714-546-9035 COSTA MESA, CALIFORNIA 92628-1950 INTERNET ADDRESS www.rutan.com Jane Mobalbi Assistant City At City of Carlsbad 1200 Carlsbad Vi1 Carlsbad, CA 920 torney lage Dr 08 RICHARD P SIMS JAMES B ONEAL ROBERT C BRAUN MICHAEL F SITZER LARRY A CERUTTI JLFFREY T MELCHINC THOMAS S SALINGER' THOMAS I CRANE ~ ~~ MARY M GREEN L. SKI HARRISON GREGG AMBER ELISE K. TRAYNUM FRED GALANTE CRISTY LOMENZO PARKER MARK M MALOVOS .. . ... RICHARD D ARK0 CAROL o rmw NlKKl NGUYEN MlYi" NillF DAVID C. LARSEN' CLIFFORD E FRIEDEN *IICHAEl D RUBIN JEFFREY *I ODERMAS' IRA G. RIYIN' STAN IYOLCO"' ROBERT S 60WER MARCIA A FORSYTH DAVlD I ALESHIRE WILLIAM M MARTICORLNA MARK B. FRAZIER PENELOPE PARMES PATRICK D. McCALLA RICHARD K HOWELL ~ ~~~ ~ M KATHERINE IENSON IAMES 5 WEISZ' DUKE F WAHLQUIST RICHARD G. MONTEVIDEO A PATRICK MUlilOZ DAVID H HOCHNER LOR! SARNER SMITH S DANLEL HARBOTTLE ~~ ERNfST Y( KLATTE. 111 PAULI SIEVERS ELIZABETH L MARTYN MICHAEL K SLATTERY KIM D THOMPSON DEBRA DUNN STEEL IAYN€ TAYLOR KKER DAN SLATER ~ ~~ ." ." SEAN P FARRELL MARLENE POSE APRIL LEE WALTER KAREN ELIZABETH WALTER ALISON M BARBAROSH NATALIE SIBBALD DUNDAS IOHN W HAMILTON. IR LYNN LOSCHlN PHILIP 1 BLANCHAKD TERENCE I GALLAGHLR OF COUNSEL EDWARD D SYBESMF DAVID I GARIBALDI. 'A PROFESSIONAL CORPORATION October 15, 1 Re: City of Carlsbad, California (IlCity") ; Proposal to Provide Legal Services in Relation to Development and Implementation of Telecommunications Ordinance Dear Ms. Mobalbi: Pursuant to our telephone conversation of earlier this week, I, on behalf of Rutan & Tucker (llR&T1l), am pleased to provide a proposal for the provision of legal services to the City in relation to the development, drafting and potential implementation of a Telecommunications Ordinance. As you can see from my enclosed bibliography, I have represented local government in telecommunication matters for almost eighteen years and have developed the largest local government telecommunication practice in the state. Although the bulk of our telecommunication practice has focused upon cable television regulatory activities, R&T has also represented local government in other forms of telecommunication matters. For example, I assisted the City of Anaheim in the development of a telecommunications policy which will constitute the framework for all future telecommunication activities in the City including, but certainly not limited to, the issuance and implementation of an RFP for the construction of a city-wide fiber optic institutional network which will also ultimately be operated by a private operator in conjunction with the City. In the context of representing the Cities of Burbank and Azusa in cable television renewal and transfer proceedings, I negotiated a commitment on the part of the cable operator to assist those cities in constructing their own fiber optic network through an 1241099999-0084/3300928. a10115199 w e . Ms. Jane Mobalbi Assistant City Attorney City of Carlsbad October 15, 1999 Page 2 agreement by which the cable operator would build and dedicate a fiber optic plant to those cities at its net incremental cost of construction. In both of those situations, the cities are ultimately free to utilize that fiber optic plant for both governmental and proprietary purposes including activities which may well be competitive to the cable operator. We have worked with several jurisdictions in the development of land use policies and ordinances relating to antenna, satellite dishes, PCS and cellular facilities, and above-ground fiber optic facilities such as pedestals and nodal boxes. R&T also possesses significant experience in representing local government in negotiations with telecommunication providers other than franchised cable operators. For example, I recently represented the Cities of Poway, Solana Beach and Del Mar in negotiations with Pacific Bell regarding Pacific Bell’s proposal to upgrade its twisted copper telephony plant to a fiber optic platform capable of providing telephony, data, and full scale video services. Likewise, we have represented numerous governments in negotiations with Metricom, Inc. in relation to their proposal to build a statewide wireless modem network utilizing both public light standards and light standards owned by the jurisdictional electric utility. Last year we completed a representation of the City of Long Beach in relation to a project involving privatization of its electric street lights which project may now expand to the adjunct construction of a fiber optic network by the same contractor. We also represented the City of Irvine in relation to an access agreement for a competitive access provider. Finally, and certainly without limitation, our practice has once again expanded and we have been recently retained by the Assessors of the Counties of Santa Cruz, San Francisco, Alameda, Contra Costa, and Marin in relation to the valuation of the possessory interest in a regional cable television system. R&T would be pleased to assist the City in the development of a comprehensive Telecommunications Ordinance. Given my extensive background in telecommunications, which includes not only a thorough knowledge of federal statutes and regulations, but also includes both knowledge and experience in various state law matters from CPUC regulations to land use, I feel that we can provide both knowledgeable and cost-effective services in regard to this project. R&T proposes to provide legal services to the City at the rate of $195.00 per hour plus reimbursement for out- 124/099999-0084/3300928. a10/15/99 w e Ms. Jane Mobalbi Assistant City Attorney City of Carlsbad October 15, 1999 Page 3 of-pocket expenses. It is my intention to personally perform all, or substantially all, of the legal services relating to this project. I hope that the City will look favorably upon our proposal and allow us to assist you in this interesting and challenging project. If you desire further information, or a list of references, please contact me at your convenience. Sincerely, RUTAN & TUCKER, LLP 0fiL-f William M. Marticore a WMM:vjb Enclosures 1241099999-008413300928. a10115199