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Home My WebLink About1994-07-26; City Council; 12796; Carlsbad Ranch Specific Plan0-Y OF CARLSBAD - AGEP4A BILL g+ ’ +.& o,, ! AB # 1% 7 156 w TITLE: DEPT. HD. MTG. kb?b-sY SPECIAL COUNSEL FOR LEGAL SERVICES IN CONNECTION WITH THE PROCESSING ClTYATTY ZiE DEPT. CA AND DEVELOPMENT OF THE CARLTAS RANCH SPECIFIC PLAN CITY MGR= RECOMMENDED ACTION: z2+q7 Adopt Resolution No. ?q*2/3 authorizing the Mayor to execute the Agreement (attached) for legal services with the law firm of Kane, Ballmer & Berkman. ITEM EXPLANATION The law firm of Kane, Ballmer & Berkman has successfully represented the Redevelopment Agency of the City of Carlsbad for a number of years. It possesses the unique skills and knowledge required to deliver advice in this specialized area. This firm has also provided legal services for the City's first affordable housing agreement between the City and Aviara Land Associates. Kane, Ballmer & Berkman possesses the experience and background to provide legal assistance in connection with the complex and extensive legal documents and agreements for proposed real estate developments in the Carltas Ranch Development, including the Lego Family Park. This firm will provide the necessary assistance to the City Attorney's office to thoroughly review and timely prepare such documents and agreements. I FISCAL IMPACT Services will be provided as needed at the direction and under the supervision of the City Attorney's office at rates between $55 and $160 per hour. The exact cost of these services will depend on the time required for preparation, review and approval of the numerous legal documents anticipatedin connection with future discretionary and legislative approvals. The 1994-95 budget does not include funding for these services. Staff is recommending that the Council authorize the transfer of $30,000 from the general fund reserves into the City Attorney's budget to cover these costs. The use of general fund reserves is recommended due to the non-recurring nature of these expenses. In certain instances it may be possible to recover a portion of these legal costs from the applicant. I EXHIBITS Resolution No. 94-of/3 Agreement / ‘7 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 26 RESOLUTION NO. 94-213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT FOR LEGAL SERVICES WITH THE LAW FIRM OF KANE, BALLMER & BERKMAN FOR THE PROCESSING AND DEVELOPMENT OF THE CARLTAS RANCH SPECIFIC PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows : 1. That certain agreement for legal services with the law firm of Kane, Ballmer & Berkman for the processing and development of the Carltas Ranch special plan is hereby approved. 2. That the amount of $30,000 is hereby transferred from the General Fund Balance to the City Attorney's professional services account to support the cost of these services. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of JULY 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ATTEST: AGREEMENT FOR LEGAL BETWEEN THE CITY OF AND KANE, BALLMER & SERVICES CARLSBAD BERKMAN THIS AGREEMENT is entered into this 28th day of JULY 1994, by and between THE CITY OF CARLSBAD, a municipal corporatio; . (referred to hereinafter as the tlCity"), and KANE, BALLMER & BERKMAN, a law corporation authorized to practice law in the State of California, having principal offices in the City of Los Angeles, California (hereinafter referred to as "Special Counsel"). WITNESSETH WHEREAS, the City is desirous of undertaking activities in connection with the consideration of certain proposed real estate developments, including the LEG0 Family Park and the Specific Plan area known as the Carlsbad Ranch (collectively referred to as the l'Projectll), which'may include, among other things, the preparation and negotiation of development agreements for the Project; and WHEREAS, the City desires to engage Special Counsel to provide advice, assistance and legal services to the City in connection with these undertakings, in cooperation with and in assistance to the City Attorney of the City of Carlsbad. NOW, THEREFORE, THE PARTIES HEREBY DO MUTUALLY AGREE AS FOLLOWS: 1. Scope of Services. Special Counsel agrees to render legal services to City when and as requested by City, and under the direction of the City Attorney. The services to be performed by Special Counsel under this Agreement may include, but are not limited to, the following: rendering legal advice and consultation; furnishing written legal opinions; drafting, negotiating and preparing necessary legal documents and agreements, including, among other things, development agreements for the Project; review and approval as to form and legality of contracts and other documents; attendance at meetings regarding the Project in the City of Carlsbad or other locations, as requested by the City; and litigation services, if required. -l- ‘. 2. Compensation. Special Counsel shall be compensated for services rendered under this Agreement in accordance with the following schedule: Senior Principals . . . . . . . . . . . . . . $160 per hour Senior Principal Level Associates . . . . . . $160 per hour . Principals . . . . . . . . ; . . . . . . . . . $145 per hour ' Principal Level Associates . . . . . . . . . . $145 per hour Senior Associates . . . . . . . . . . . . . . $125 per hour Associates . . . . . . . . . . . . . . . . . . $110 per hour Redevelopment Specialist . . . . . . . . . . . $110 per hour Legal Assistant I . . . . . . . . . . . . . . $ 75 per hour Legal Assistant II . . . . . . . . . . . . . . $ 55 per hour A current list of Special Counsel's attorneys and other professional staff is attached to this Agreement as an exhibit. City shall be promptly notified in writing of any changes. Compensation for Special Counsel's time spent travelling to and from meetings, as requested by the City, shall be limited to the respective hourly rate times one-half of the actual time spent in transit, but in any event compensation for travel time shall not exceed the respective hourly rate times one-and-one-half (1%) hours per round-trip, regardless of the actual time spent in transit. Special Counsel shall be compensated for out-of-pocket expenses authorized by the City in connection with the performance of duties under this Agreement, as follows: (a) (b) (c) Cd) W The amount of the actual cost of transportation by common carrier or at the rate of twenty-five cents ($.25) per mile, if travel is performed by privately owned automobile. Subsistence expenses, supported by detailed records in the amount of actual costs. Long distance telephone calls, facsimile transmission charges, postage, delivery charges and similar expenditures in the amount of actual costs. Duplication costs for all copies in excess of the first copy, in the amount of actual costs. Fees and costs incurred by Special Counsel to engage consultants and experts, as approved by City. -2- Special Counsel shall not be reimbursed for secretarial or typist services, nor for normal office operating expenses. Special Counsel shall be reimbursed for actual litigation costs, fees and expenses, such as filing fees, expert witness fees, and charges for service of process and costs of investigation. 3. Method of Billing and Payment for Services. Special Counsel shall, within ten (10) days after the first of each calendar month, submit a statement containing a breakdown of services performed during the preceding month, specifying the services performed, dates and numbers of hours, itemization of travel, subsistence and other expenses related thereto. Payment shall be due within 30 days after receipt of a monthly statement. 4. Riqht of Termination. This Agreement may be terminated at any time by either party, on thirty (30) days written notice to the other. 5. Notification of Change in Form. Special Counsel reserves the right to effect changes in form, including, but not limited to: the change in form from a professional law corporation to a partnership; the change in form of any partner or principal from an individual to a professional law corporation; the change in form of any corporate partner or partners to individuals. City shall be promptly notified in writing of any change in form. 6. Additional Principals and Employees. The addition of one or more new Principals or the departure of one or more existing Principals shall not effect a termination of this Agreement. Special Counsel reserves the right to add, substitute or delete Senior Principals, Principals, Associates and other employees in providing and carrying out its services under this Agreement. 7. Effectiveness of Agreement. This Agreement shall be effective upon execution and shall remain in effect until terminated. -3- IN WITNESS WHEREOF, City and Special Counsel have executed this Agreement as of the date first hereinabove set forth. municipal KANE, BALLMER & BERKMAN, a law Wasserman -4- ’ L - * KANE BALLMER & BERKMAN CLASSIFICATION OF ATTORNEYS AND OTHER PROFESSIONALS Murray 0. Kane Bruce D. Ballmer Glenn F. Wasserman R. Bruce Tepper, Jr. Joseph Pannone Kathryn Reimann Royce K. Jones June Ailin Marc Manason Erma S. Lake M. Lynda Sheridan Rudy Bituin Senior Principal (Partner) Senior-Principal (Partner) Senior Principal (Partner) Senior Principal (Partner) Principal (Partner) Principal (Partner) Principal (Partner) Senior Associate Senior Associate Redevelopment Specialist Legal Assistant I Legal Assistant II $16O/hour $160/hour $16O/hour ' $160/hour $145/hour $145/hour $145/hour $125/hour $125/hour $llO/hour $ 75/hour $ 55/hour