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
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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.
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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
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ABSENT: None
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r -HA ~SJ~&~EN~NZ, City Clerk
Karen R. Kundtz, A(sdistant City Clerk
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&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
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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-
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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
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