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Home My WebLink About2000-09-26; City Council; 15911; Retention of Special Counsel- . * ., - CITY OF CARLSBAD - AGENDA i3lLL II y/ AB# 15,4 II TITLE. -* MTG. q-do-00 RETENTION OF SPECIAL COUNSEL DEPT. CA DEPT. HD. CITY ATTY.@’ CITY MGR. sptc RECOMMENDED ACTION: Approve Resolution Nom- dc19‘ c authorizing retention of special counsel for legal services. 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 list below shows the various law firms that provide legal services in the areas of general liability, labor and employment and civil rights matters, workers’ compensation, eminent domain and condemnation, redevelopment, real estate, telecommunications and land use. Asaro, Keagy, Freeland & McKinley Best, Best & Krieger Butz Dunn DeSantis and Bingham Crowell & Moring LLP Daley & Heft England, Trovillion, lnveiss & Ponticello Fox & Sohagi Gatzke, Dillon & Ballance Goldfarb and Lipman Graves, Roberson & Bourassa Kane, Balmer & Berkman Law Offices of Bartlett, Kirch & Lievers Liebert Cassidy Whitmore (formerly Whitmore, Johnson & Bolanos) McCuthen, Doyle, Brown & Enersen Rutan & Tucker Woodruff Spradlin & Smart Worden, Williams, Richmond, Brechtel & Gibbs FISCAL IMPACT: Funds for retention of special counsel are already included in the City’s self-insurance budget. EXHIBITS: Resolution No. dm -dqy / 1 , . 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2ooo-2gg 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 regarding the appeal to the California Coastal Commission on the municipal golf course project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: I. That the above recitations are true and correct. 2. That the City Attorney is hereby authorized to employ the law firm of Fox & Sohagi as he considers appropriate pursuant to the letter proposal from Fox & Sohagi to provide legal services in regard to the appeal to the California Coastal Commission on the municipal golf course project 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 the areas of general liability, labor, employment and civil rights matters, workers’ compensation, eminent domain and condemnation, redevelopment, real estate, telecommunications and land use provided, however, that sufficient funds have been previously allocated by the City Council to the self-insurance budget and provided further that the City Attorney shall report, at least bi-monthly, to the City Council on the status of the expenditure of such funds. / . I 1 2 3 4 5 6 7 a 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 4. That the City Council authorizes the expenditure of funds as may be necessary to pay the fees of special counsel for legal services in regard to the appeal of the California Coastal Commission of the proposed municipal golf course and in regard to the federal consistency proceedings now pending at the request of the executive director of the California Coastal Commission and under the terms and conditions of paragraph 3 above. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 26th day of September (2000 by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin NOES: None ABSENT: None (SEAL) 3 LAW OFFICES DEBORAH J. FOX Fox 8 SOHAGI, LLP MARGARET MOORE SOHAGI JOSEPH H. MCDOUGALL THOMAS H. CASE ILSHIRE BOULEVARD, SUITE 1270 s ANGELES, CALIFORNIA TERRY P. KAUFMANN PHILIP A. SEYMOUR OF COUNSEL FACSIMILE (310) 444-7813 TELEPHONE (310) 444-7805 \wma/ July 1292000 VIA FACSIMILE AEIRST CLASS MAIL Ronald R. Ball, City Attorney City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Re: Professional Services Dear Ron: It was a pleasure talking to you today. At your request, Fox & Sohagi will provide legal review for the City of Carlsbad (“the City”) regarding the appeal to the California Coastal Commission on the municipal golf course project. I look forward to receiving the relevant documents in this matter as we discussed. Once I receive the documents, I will call you and give you an estimate of my time to review the background materials. I will be the attorney primarily responsible for this matter with assistance by others as needed. Nothing in this agreement and nothing in our statements to you will be construed as a promise or guarantee about the outcome of your matter. Our fees are set out in Attachment A. If this accurately summarizes your understanding, please indicate your acceptance by signing, dating and returning this letter in the enclosed self-addressed, stamped envelope. I look forward to working with you and City staff on this matter. Please do not hesitate to contact me should you have any questions or need more information concerning this matter. Very truly yours, MARGARET MOORE SOHAGI of FOX & SOHAGI, LLP , * .‘. Fox 6 SOHACI, LLP _- Ronald R. Ball, City Attorney July 12,200O Page 2 APPROVED AND ACCEPTED: Ronald R. Ball, City Attorney City of Carlsbad engage\carlsbad.ltr\70302.001 Dated: / 3 - Fox 6 SOHAGI, LLP Ronald R. Ball, City Attorney July 12, 2000 Page 3 ATTACHMENT A FOX & SOHAGI, LLP HOURLY RATES 2000 Deborah J. Fox $195 Margaret Moore Sohagi 195 Philip A. Seymour 180 Thomas H. Case 180 Joseph H. McDougall 165 Carrie Ahn 165 Paralegals 95 The firm will represent the City for our regular hourly fees set out above. Our fees are reviewed on an annual basis, and may be adjusted for next year. In addition to our hourly fees, we will bill you for customary out-of-pocket expenses including, but not limited to, photocopying, messenger, automated legal research, long distance telephone, postage, facsimile, Federal Express or other overnight service and attorney service charges. We will provide you with monthly statements itemizing our work and expenses for that month. Payments are to be made within thirty (30) days of receipt of invoice. We will charge you for the time we spend on telephone calls relating to your matter, including calls with you or opposing counsel. The legal personnel assigned to your matter will confer among themselves about the matter, as required. When they do confer, each person will charge for the time expended. Likewise, if more than one of our legal personnel needs to attend a meeting or other proceeding, each will charge for the time spent.