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Home My WebLink About1979-01-16; Carlsbad Redevelopment Agency; 106; Agency Special Counsel. I c* i .- . 'J LSEAB RFDFVEI OP!!FNT, A@ 2" bRLSBAD REDEVELOPMENT AGENCY MEETING OF: January 16, 1979 DOCKET NO : 106 -. TITLE : Agency Special Counsel INITIATED BY: Executive Director . BACKGROUND: 'In the past the City has provided,special counsel services to agency via a contract with the firm of Eugene B. Jacobs. The firm recommended that the amended agreement not be.approved. and that the agency contract directly for .the provisign of such services. (See attached memo) . recently requested that the 'City 'approve an amended agreement. Sta Staff has undertaken efforts to find a firm capable of providi such services which might be located closer than.downtown Los Angel The attached.memo recommends that the firm of Stradling, Uocca, Cax and Rauth be retained as agency.specia1 counsel. .- . .. .: .. ATTACHED : Resolution, a Ordinance D agreements a Plat - Memo m FINA'flCIAL STATEMENT : Funds for this purpose a're available in.Account No. 39-338-2450 COMMISSION-BOARD RECOMIYENDATION: RECOMMENDATION: If the Ayency-concurs with the staff recommendation it should adop 3. resolution number' +* - . .. <. .. * MEMORANDUM DATE : December 26, 1978 TO : PAUL BUSSEY, City Manager FROM: JACK HENTHORN, Redevelopment Coordinator SUBJECT: REDEVELOPIYENT SPECIAL COUNSEL Approximately two months ago Special Agency Counsel requested an amendment to the agreement'existing between his firm and the City. (Exhibit 1). The basis of this request.is that the firm has undergone a recent reorganization. Although not stated in the transmittal letter, it is commonly accepted that the reorganization was the result of Mr. Jacobs' recent involvement with the Department of Housing and Urban Development's Urban Development Action Grant Program. Upon receipt of this request, 1.approached Agency Counsel (City Attorney) about the possibility of seeking another firm to fulfi Special Counsel duties. Inquiries made of other agencies in Sar Diego and Orange Counties indicated that the firm of Stradling,, Yocca, Carlson and Rauth of Newport Beach was very well versed i the "new" redevelopment law. It was subsequently found-that this firm.assists the City as special counsel on special projects such as the Plaza Camino Re; expansion. Agency Counsel and I both agree that Mr. Jacobs' firm was initiz retained so that his expertise would be directly available. Of late, all contact with the firm has been with senior or inter- mediate attornies rather than the principal.' As a result of thj and Mr. Jacobs' involvement in the U.D.A.G. program, it appears appropriate to consider a change in special counsel. RECOMMENDATION Therefore, it is recommended that the Council direct staff to terminate the existing agreement with Mr. Jacobs' firm per Sect: TV "Right of Termination". It is further recommended that staff be directed to present the agreement attached as Exhibit 2 with the .firm of Stradling, Yocc Carlson, and Rauth to the Redeve.lopment Agency at its meeting 0: January 16, 1979. JH: jd _- .. LAW OFFJCES .. .- -. @!&OS$, WNE. BALLME.R & BERK ia@ . Mr. Paul D. Bussey City Manager 1200 Elm Avenue .. City of 'Carlsbad . . Carlsbad, California Dear Mr. Bussey: A PROFESSIONAL CORPO1A'FSOH 500 msG/Ec - October .. -L 92008 721 VIES' SM ._ Effective October 1, 1978 a partnership was formed far practice of - law by the fol1,owing'partners: - . 1.. Eugene B, Jacobs , a professionai caxp~ratian (formerly Jacobs, Kane, Ballmer & Berkmmp a . . professional legai corpcratkm) - . . .. 2, .. Herbert: M, Weiser @-p pE +..LA "4 3- Murray 0- Kane .. 4. Bruce a, Ballmer .. .. . .. .- *. ; QCT %f .. 5, Robert P. Berkrnan .. CITY. QF c,! PlannEfz DE ' .The partnership is-operating und'er the n2me of: .. .. Jacobs, Weiser, Kane, Ballrnes & Berkman s. .. ' The partnership is continuing the practice of law with .. . same persons8 location and facilities previo~sl-y utili.ze& bl -JacobsI Kane, Bahlmer b Berkman, a professiana% legal eorpol .. except that Herbert M. Weiser has jsi~ed. usas a partner, .. *. The purpose .of this letter, is to &fom you of the! new partnership and 'to request the approval of the Agency Board. , a proposed Agreement for Legal Services with Jacobs, Weiser, Kane, Ballrner & Berkman, a copy af which is enclosed. ' -'Pending the considexation of the proposed Agreement by Agency Board, legal services will be provided by the partne! to you (unless we are instructed otherwise) under th.e exist: ' . . Agreement for Legal Services between the Agency and Jacobsc Ballmer & Berkman, a professional 1egal.eorporation. The e: - ing agreement provides that counsel.may "assign this Agreemi upon written notice to the Agency to effect a change in for] from a professional legal corporakion to a partnership,'' T: letter is written notice of such an assignment: from Jacobs, Kane,. Ballmer & Berkman,-a professional legal COrpOratiOn- Effective October 1, 1978 the five partners will bill their services at the "Principal Shareholder" rate set forth in .t .. .. .i, .. - existing Agreement or Legal Services: 0. ., Eugene B, Jacobs $75.00 per hour Senior Attorneys $60600. per hour Intermediate Attorneys ' . $50.00 per hour Junior Attorneys . $40.00 per hour . Legal Assistants and $30.00 per hour Law Clerks A copy of the proposed Agreement for Legal Services betwc the Agency and Jacobs, Weiser, Xane, Ballmer & Berkman is en- closed. The agreement sets forth the following rate structurc Senior Partners $100.00 per hour A11 Other Partners $, 75.00 per hour Senior Attorneys $ 60.00 per hour Intermediate Attorneys $ 50.00 per.hour Junior Attorneys $ 40-00 per hour Senior Legal Assistants . $ 30,OO per hour Junior Legal Assistants $ .ZO,OO per hour - .. b Each category includes stockholders and .employees of cor poxate partners. At the present time the professional staff of the partne: ship is as follows: .. Senior Partners and Senior Eugene.B, Jacobs Stockholders of corporate Herbert M, Weise-r - . partners I. a. 'All Other Partners Murray 0, Kane Bruce D, Ballmer Robert P, Berkman I. Junior Attorneys Marjorie Friedlander Diana Greene Brent Hawkins John Sanchez Marcia Scully .. Senior Legal Assistants Erma S, Lake' Allan Robertson Junior Legal Assistants Linda Cipes Please present the enclosed Agreement for Legal Services the Agency Board, for its consideration 'at your earliest conve :.. ... . : Sincerely, Jacobs, Weiser;Kane, Bal1mer.b Berkman By': [ ~. I I . ' . AGREEMENT FOR LEGAL -.. ' z THIS AGREEMENT is entered into this - day of [ .' t 1.978, by and between the CITY OF CARLSBAD', California .. . . (hereinafter referred. to as the "City") and JACOBS, WEISE i .mE, W-UXM?% & BERWN; a partnership comprised of Eugene i JacobS,.a Professional Corporation, Herbert." Weiser, M& i ' 0- Kane,'BruC.@.D- . .. Ballmer and Robert P. Bergman, authorized ,' to Practice law in California and with principle offices in the city of Los hgeles, California (hereinafter referred t .. ,. as "Counsel 'I ) . .. .. . .. . .. WLTNESSETH: ' - ---.-"" I 8' i WHEREAS, the City is desirous of undertaking activit .. necessary for the planning.and execution of redevelopment p pursuant to the California'Comiunity Redevelopment Law; and WHEREAS, the City- desires to engage .Counsel to rende advice and assistance in connection with these undertakings .. .. 1 .' '. ! .. '1 .' . .. in cooperation-with, and in. assistance to the City At.torney .. '. ! . . .. .. s. . '. 'of the City of 1 Carlsbad . , such City Attorney acting , 'as General Counsel for the'.City (hereinafter xeferred to as , .. .. I ."General Counsel" 1 . I NOW THEREFORE, THE PARTIES HERETO DO -. MUTUALLY AGREE AS I 1 FOLLOWS:. 1 .. .. Ii . , I' ' 1.. SCOPE OF SERVICES : ! Counsel'agrees to render legal servzces to the City 1 ,. , ' the supervision and control of General Counsel. i i when.and as requested by the City as Special Counse1,unde: I Services to be performed by Counsel under this Agree- : ! 8. ment may include, but not be' limited to, the renderin,g of 1t I advice and consultation; furnishing Of Written legal opini01 . .~ 1 .. _." - .... -. - ..._ drafting and preparation of necessary legal'documents; lega: reviews and approval of contracts; drafting of redevelopment plan's and legal opinions. with respect: $0 . uch plans; attend? . at loca... ea! rings or other meetings a Mb ie uired; and.litigal ., I i I ! services. 2. .COMPENSATION: Counsel shall be compensated for services rendered undc .. 1 this Agreement in accordance with .the following schedule: ,. .- . Senior Partners --'---------------- $100.00 per hot I I.' All Other'Partners --------------- $ 75.00 per hol t. i' Senior Attorneys ----------------- $ 60.00 per hol ' Trik6rrnediate Attorneys ----.------- $ 50.00 per hol , Junior Attorneys.----------------- $ 40.00 per hot ., .. .' Senior Legal Assistants ---------- . $ 30.00 per hot Juni.or Legal Assistants ---------- - $ 20.00 per ho~ Each category includes stockholders and employees of cc .. I I '. 'prate parthers. ' ' For travel, subsistence, and other out-of-pocket expen: I '. ' .authorized by the City in connection with the performance I ; .. .. duties under this Agreemen.t i .! i -. -. -. .. . (a) The amount of the. actual cost of transportation ! . *.c . I [. .. by .common carrier or at 'the rate of twenty (20). . i .. .I .. cents per mile, if travel is.performed by i .. . . privately owned automobile. .. j i 1 1 1 i I 1 i (b) Subsistence expenses, supported by detailed .. . records in the .amount of the actual cost, .. (c) Taxi fares, long distance telephone calls, and ' similar expenditures in the amount of actual cost. . .. (a) Duplication costs for all copies in excess of .' I 1. . ' first copy, at a co.st of ten (10) cents per .. if j ~ , page* , .Counsel shall not be reimbursed for secretarial or typ: ! services nor for normal office operating expenses. , I. . ! : Counsel shall be reimbursed for actual litigation cost: ." .. .. - _"_ ._ ~ - .. . i . fees and expe.nses, 'such as filing fees, expert witness fees, charges for service .of process and costs of investigation. i .. 't i 3. OD OF PAYMENT: Counsel shall, within ten (10) days after the first of . . e@ 1 each calendar. month, submit a statement containing a breakdo of services performed during the preceding month,. specifying ' . the services performed,. dates and number of hours; itemizatil 1 1 1 of travel, subsistence and.other expenses related thereto. i .. I I .. ' : I . ,: ! /: 4. ' RIGHT OF TEFtMINATION: . This Agreement may be terminated at--any time by 'either .. .. . - 4 .party on written notice to the other. .- ' .. 5- NOTIFICATION OF CHANGE IN FORM: .. Counsel. reserves the right to effect changes in form, ,. .. including but not,limited to: the change in form from a prof sional law corporation to a partnership; the change in form i. .. j ~ . professional law corporation; the change in form of any co.rp 1 : any partner or" partners from an individual or individuals to 8. , 'partner or partners to individual partners. . City shali be (. i i : .. promptly notified in writing of any change in form; .. i . .. 1 . .,. ., .- .. 6. ADDITIONAL PARTNERS AND'EMPLOYEES j -_ ~ . The addition of. new partner (s) 'or the' departure of exis I. .. -. . partner (s) shall not effect a termination of .this Agreement. Counsel reserves the right. to add, -substitute or delete part associates and ernpl'0yees.i.n carrying out its services under I ! .. I , .I . Agreement,. City shall be .promptly notZied in writing of i : change.in the constituency of the partnership. 1 -. I -. 1 !: IN WITNESS WHEREOF, the City and Counsel have execute 1 I. . . ~ i 1 . - JACOBS, WEISER, KANE, CITY OF CARI;SBAD &is' Agreement as of the date first hereinabov; set' forth. i .. I I .BALL;MER & BERKMAN I i i ~ .. j By : By: . ? I i .. ., .. - "" ..".. . . "" .- 1 By : i ..- , . .. ~. e. .. ., .. ". ... 2 .. / 5 SPECIAL' COUNSEL AGREEIGNT (Supplemental Legal Services) I THIS AGREEPENT is made and entered into this day of ,, 1978, by and between CARLSBA REDEVELOPYSENT AGENCY hereinafter designated as "Agency I.11 an STRADLING, YOCCA, CARLSON & RAUTH, ATTORNEYS AT LAN, herein after designated as "Special Counsel". RECITALS 1. Agency presently employs the City Attorney tc advise and represent it in connection with matters of a le5 nature; however, Agency may, from time to time, wish to obt legal services supplemental to those provided by the City .. 1 Attorney. 2. Special Counsel has the personnel and experit in the area of municipal and redevelopnent law to enable il furnish such supplemental services as may be required by Ac AGREEPENT THE PARTIES MUTUALLY AGREE AS FOLLONS: 3. Special Counsel shail provide supplemental 11 services as may, from time to time, be specifically reques by Agency. Such services may include, but shall not be li to, advising Agency and its staff, preparing legal opinion quested by Agency, and representing Agency in administrati proceedings and tri.als . I .. .. .. "" .~. . ' e- .. -0. . .. .. .. .. 4. Special Counsel.shal1 not retain or incur expc for outside experts or other qualified personnel without thc written consent of Agency acting through its City Attorney, City Manager, or the office of the Director of the Agency. Any such costs incurred without consent shall not be reim- bursable to Special Counsel. 5. All invoices submitted by Special Counsel for services performed shall be itemized and shall indicate the charge for each attorney and service provided, including t'n hourly rate for such attorney where appropriate. Special Counsel shall render a monthly statement in accordance witlr the provisions hereof and Agency shall pay the total set fc in such statement upon confirmation, 6. Agency reserves the right to terminate the sf of Special Counsel, without further liability for the paymt of fees for services rendered, u2on written notice to Spec: Counsel. Special Counsel shall have the right to terminatt the services to be performed under this Agreement upon fur. nishing the Agency such time as is reasonably necessary to obtain a fully qualified party or parties to furnish the s otherwise contemplated herein of Special Counsel. .. I. Compensation for services rendered by Specia Counsel shall be based on the following schedule: 2. ! *; .. '* .* 00 .e Attorney Hourly Area of Rates Expertise i Thomas P. Clark, Jr. $ 75.00 Redevelopment, Finance John J. Murphy 15.00 Redevelopment, , Finance Fritz R. Stradling 100.00 Redevelopment, Finance M. Stephen Coontz 80.00 Litigation Richa.rd Goodman 80.00 Litigation Special Counsel may, from time to time, request n iciations of the aforesaid schedule; provided that no such .. 2 modifications shall be effective unless and until approved the Agency. Special Counsel shall render advice and assist upon request, in connection with redevelopment finance base the above schedule; provided, however, in the event Agency sires to employ Special Counsel as Bond Counsel, Special Cc will provide a then current fee schedule and Agreement. Fc informational purposes, Attorneys' current fee schedule fox allocation bonds is as follows: Total Amount of. Bonds Authorized - Fee $1,000,000 to $5,000,000 $3,625 plus $1.50 pe thousand on excess c $1,000,000 . $5,000,000 to $10,000,000 $9,625 plus 75 cents thousand on excess c $5,000,000 3. 1 I .. .-. .. . -. j/ w 1.m 1 2 3 4 5 6 7 8 9 10 11 12 13 I-4 1 15 16 17 18 I 19 11 jj L ii 00 " 21 j! 22 I 23 j 25 I 26 I ii I I 2a 1 27 28 RESOLUTION NO. 6 A RESOLUT~ON OF THE CARLSBAD REDEVELOPMENT AGENCY, CAFUSBAD, CALIFORNIA,' AUTHORIZING THE RETENTION OF THE FIRM OF STRADLING, YOCCA, CARLSON AND RAUTH, ATTORNEYS AT LAW, AS AGENCY SPECIAL COUNSEL WHEREAS, the Carlsbad Redevelopment Agency desires specialized redevelopment legal counsel at its disposal; WHEREAS, the firm of STRADLING, YOCCA, CARLSON AND ATTORNEYS AT LAW, have submi.tted a proposal for the prov of such services, which is attached hereto and incorpora, herein as though fully set forth, as Exhibit A. NOW, THEREFORE, be it resolved by the Carlsbad Rede- Agency that: 1) The above referenced facts are true and correc 2) The Chairman of the Carlsbad Redevelopment Age: hereby authorized and directed to execute said agreement behalf of the Agency. PASSED, APPROVED AND ADOPTED at a regular meeting.0: Carlsbad Redevelopment Agency held on the 16th day ; z q I) a r './ , 1979, by th2 following vote, t( "ZS : Directors Packard, Skotnicki, Anear, Lewis Cas1 er NOES : None ABSENT: None ATTEST : /c /,' ,' K&/& &r/7& " L,&& c 1- f I,/ RONALD C. PACKARD, Chairma: \ a * PAUL D. BUSSEY, ]Secretary 9 ,'.< I I r i. ' .-e .* e SPECIAL COUNSEL AGFtEEYJ3NT (Supplemental Legal Seryices) .. THIS AGREEMENT is made and entered into this - day of , 1978, by and between CARLSBJ ' REDEVELOPXENT AGENCY' hereinafter designated as "Agency, *' a1 STRADLING, YOCCA, CARLSON & RAUTH, ATTORNEYS AT LAW, herei~ .. after designated as "SpeciaS eounse2" - RECITALS 1, Agency presently ernpl~ys the City Attorney tc advise and represent 'it in connection. with matters of a 3-e! .nature; however, Agency may, from time to time, wish to ob. legal services supplemental to those grovided by the City Attorney. ... .I 2, Special Counsel has the personnel and experil in the area of municipal and redevelopnent law ta enable i furnish such supplemental services as may be required by i~ AG&EE?ENT \- TBE PARTIES MUTUALLY AGRE~ AS FOLLOWS: 3, Special Counsel shall provide supplemental 1 .. services as may E from time to time F be specifically IXXpf2S . by Agency. Such services may include, but shall not be Pi to, advising Agency and its staff i preparing legal oplnion. quested by Agency, and representing Agency in administrati proceedings and trials. , -3 . ,I , '4 . 0.. ' e. 4. Special COUn5el shall not retain OK incur exp for outside experts or,other qualified personnel without th written consent of Agency acting through its City Attorney, City Manager, or the ofSice of the Director of the Agency, .Any such costs incurred without c0IWnt shal'l not be reim- bursable to' Special Counsel, 5. All invoices submitted by Special Counsel for services performed shall be itemized and shall indicate the charge for, each attorney and service provided, including tk hourly rate for such attorney where appropriate, Special Counsel shall' render a monthly statement in accordance witk * the provisions hereof- and Agency shall pay the. total set fc in such statement upon confirmation, 6. Agency reserves the right to terminate tht?"'sC of Special Counsel, without further liability for the payrnc .. of fees for services rendered, upon written notice to Specj Counsel. Special. Counsel shall have the right to terminate the services to be performed under this Agreement upon fur- nishing the Agency such time as is reasonabl-y necessary to obtain a fully qualified party or parties'to furnish the sf otherwise contemplated herein of Special Counsel. ., . 7, Coapensation for services rendered by Speeia: Counsel shall be based on the followincr schedule: -. 2. I. ,. .. at@ * . a. .. t Hourly , Area of Attorney Rates Expertise Thomas P. Clark, Jr, $ 75-00 Redevelopment, .. Finance John J. Murphy 75.00 ' Redevelopment, i Finance Fritz R. Stradling 10.0 .) 00 Redevelopment, Finance M, Stephen Coontz 80.00 Litigation Richard Goodman 80 C.00 Litigation Special Coun'sel may, from time to time, request moc iciations of the aforesaid schedule; provided that no such modifications shall. he effective unless and until approved Q the Agency, Special Counsel shalL render adv2ce and assistal upon request, in connection with redevelopment finance based .. # the above schedule; provided, however, in the event.Ageriey dl sires to employ Special Counsel as Bond Counsel, Special COUI will provide a then current fee scheaule and Agreement. For informational purposes, Attorneys' current fee schedule for . . allocation bonds is as follows: Total Amount of Bonds P-uthorized Fee - si,ooo,ooo to $~,OOO,OOO. $3,625 plus $1-50 per thousand oh excess ov $1,000,000 $5,000,000 to $10,000,000 $9,625 plus 75 cents thousand on excess ov $5,000,000 3. .. 41: ,. I *. om " c Over $10 I 000 8 00.0 .. *e $138375 plus 50 cents per thousand on excess over $lo,ooo,aao 8. This Agreement shall in no way.be a limitation e the right and/or authority of the City Attorney to participate in and remain active in all stages of the services authorized under this Agreement., Unless otherwise indicated to Special Counsel by Agency; Special Counsel sllall furnish the City Attorney with copies of all hocumentation created in connectic with the services to be provided hereunder, The parties hereto have caused this Agreement to be .executed as of the day and year first above written. CARLSBAD REDEVELOPM33Xi.' AGENCY By-/ -. eLcgA:(. n2-li Chairman' APPROVED AS TO FORM & STRADLING, YOCCA, CAPASON & RAUTI BY 4. *. c i I_ .* b #1(5 em .. .. *. MEMOFWIDUM - DATE : January 23, 1979 TO : JACK E. HENTHORN, Redevelopment Coordinator FROM : CITY CLERK'S OFFICE RE: SPECIAL COUNSEL AGREEMENT (Supplemental Legal Services) Jack.: Attached is a cc of transmittal letter 60 attorneys for signat on Agreement. We need from-you orig'iiial Resolutions 4 and 5 €or inclusbn ir original Redevelopment Agency Corporate 'Book, together with originals of any other documents, incivding Minutes. .. y- ita _".. .~. ,