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HomeMy WebLinkAbout1999-11-02; City Council; 15463; Retention Of Special Counselh CITY OF CARLSBAD - AGEWA BILL ‘f y I I I I AB# 15,463 MTG. 11/2/99 DEPT. CA TITLE- -- DEPT. HD. RETENTION OF SPECIAL COUNSEL RECOMMENDED ACTION: Approve Resolution No. 99-475 authorizing retention of additional special counsel for legal services in relation to develoiment and implementation of telecommunications regulation. ITEM EXPLANATION: The Council has previously authorized the City Attorney to retain certain law firms as special counsel. From time to time, these authorizations should be reaffirmed and amended to include new law firms and current proposal letters. The City Attorney recommends that the City Council authorize the retention of additional special counsel for legal services in relation to development and implementation of telecommunications regulation. GENERAL LIABILITY Daley and Heft Butz, Lucas and Dunn Law Offices of Charles A. Vivian0 Law Offices of Bartlett, Kirch & Lievers LABOR AND EMPLOYMENT/CIVIL RIGHTS MATTERS Best Best & Krieger Daley & Heft Whitmore, Johnson & Bolanos WORKERS’ COMPENSATION England, Hodik & Trovillion Gillette, Loof, Langton & Hagner Heggeness & Sweet Graves, Roberson & Bourassa EMINENT DOMAIN AND CONDEMNATION Asaro, Keagy, Freeland & McKinley Daley and Heft Brown, Diven, Hessell& Brewer Best Best & Krieger SPECIAL REDEVELOPMENT COUNSEL Goldfarb and Lipman Kane, Balmer 2% Berkman Agenda Bill No. l5 *463 Page 2 REAL ESTATE Gatzke, Dillon & Ballance Woodruff Spradlin & Smart TELECOMMUNICATIONS Rutan & Tucker FISCAL IMPACT: Funds for retention of special counsel are already included in the City’s self-insurance budget. EXHIBITS: 1. Resolution No. w-475 1 2 3 4 5 6 7 8 . 9 10 11 18 19 20 21 22 23 24 25 26 27 28 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 provides that the City Council may employ special counsel under terms it considers proper; and WHEREAS, the City Council has determined, upon recommendation of the City Attorney, that it is necessary to retain additional special counsel for legal services in relation to development and implementation of telecommunications regulation, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Attorney is hereby authorized to employ the law firm of Rutan & Tucker as he considers appropriate pursuant to the “Proposal to Provide Legal Services in Relation to Development and Implementation of Telecommunications Ordinance” attached hereto as Exhibit “A”. 3. That the City Council authorizes the expenditure of funds as may be necessary to pay the fees of special counsel for legal services in relation to development and implementation of telecommunications regulation. Ill /Ii i/i ill /it 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the City 2 Council of the City of Carlsbad held on the 2nd day of November , 1999 by the 3 following vote, to wit: 4 AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin 5 NOES: None 6 ABSENT: None 7 8 9 10 11 r -HA ~SJ~&~EN~NZ, City Clerk Karen R. Kundtz, A(sdistant City Clerk OWg 233, 14 :@g 9 I2" 15 a>rn< ZWv)o BE&- OS* 16 i= m as2 E'S l7 G 18 (SEAL) 19 20 21 22 23 24 25 26 27 28 &TUCKERa ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 611 ANTON BOULEVARD, FOURTEENTH FLOOR COSTA MESA, CALIFORNIA 92626-l 998 DIRECT ALL MAIL TO: POST OFFICE BOX ,950 COSTA MESA, CALIFORNIA 92628-1950 TELEPHONE 714-641-5100 FACSIMILE 714-546-9035 INTERNET ADDRESS www.rutan.com iAMES II M00111~ PAUL FR~DtllC MARX RICHARD A CURNUTT LtON*ID A HAhlPEL Kew. 8 “URCIIUT. ,R MICH*IL w IMMELL MllKxD w O&HI. ,R THIODORC 1 W*LLME. IR . GILBERT N XRVCER October 15, 19 Jane Mobalbi Assistant City Attorney City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Re: City of Carlsbad, California (IrCity"); 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 ("R&T"),, 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. a10/15/99 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 De1 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- 124/09999%0084/3300928. a10115P39 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 William M. Marticore a x ' WMM:vjb Enclosures 124/099999-0084l33CQ928. alOIlY