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HomeMy WebLinkAbout2001-07-10; City Council; 16270; Special Counsel for Telecommunications IssuesCITY OF CARLSBAD - AGENDA BILL f3 AB# 16 ,, 2 70 TITLE: RETENTION OF THE LAW FIRM OF BURKE, WILLIAMS MTG. 7/10/01 AND SORENSEN TO SERVE AS SPECIAL COUNSEL FOR TELECOMMUNICATIONS ISSUES DEPT. CA DEPT. HD. CITY ATTY. CITY MGR. . RECOMMENDED ACTION: Approve Resolution No. 2% /&Jo+ q authorizing retention of the law firm of Burke, Williams and Sorensen to serve as special counsel for telecommunications issues. 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. Currently, areas of specialization include general liability, labor and employment and civil rights matters, workers’ compensation, eminent domain and condemnation, redevelopment, real estate, telecommunications and land use. At this time, only one law firm, Rutan and Tucker, has been authorized to serve as special counsel for telecommunication’s services. Given the growing complexity of legal matters associated with telecommunication issues and an increase in telecommunication related projects, the City Attorney recommends that the Council authorize retention of the law firm of Burke, Williams and Sorensen to serve as special counsel for telecommunications issues. FISCAL IMPACT: Funds for retention of special counsel for telecommunications service are already included in account number 001-l 11 l-7490. EXHIBITS: Resolution No.260 1 -aF 1 RESOLUTION NO. 2001-204 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE RETENTION OF THE LAW FIRM OF ~ BURKE, WILLIAMS AND SORENSEN AS SPECIAL COUNSEL FOR TELECOMMUNICATIONS ISSUES 4 5 WHEREAS, section 2.14.130 of the Carlsbad Municipal Code provides 6 that the City Council may employ special legal counsel under terms it considers proper; 7 and 8 WHEREAS, the City Council has determined, upon recommendation of 9 the City Attorney, that it is necessary to retain additional special counsel for 10 telecommunication issues. 11 12 9 gj mum Ill7 uag 13 s:g Y:uo aoaa 14 m,iz- dtsa E: c;)$ 15 s&g+ $B?i: 16 09$ E agz t- 17 5 s 18 WHEREAS, the City Attorney has received a proposal for legal services related to telecommunications issues from the law firm of Burke, Williams and Sorensen and recommends that the firm be retained as special counsel for such issues. 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. 19 20 21 22 23 24 25 26 27 28 2. That the City Attorney is hereby authorized to employ the law firm of Burke, Williams & Sorensen as he considers appropriate pursuant to the letter proposal from Burke, Williams & Sorensen to provide legal services with regard to telecommunication issues 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 telecommunications issues provided, however, that sufficient funds have been previously allocated by the City Council to Account No. 001-I 11 I-7490, 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. 1 2 3 4 5 6 7 8 9 10 11 12 2 3 mwm 927 98, 8 13 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 telecommunication issues 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 10th day of JULY I 2001 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None WRRA~NE M. WOOD, @i@Clerk (SEAL) 3 ORANGE COUNTY OFFICE 18301 VON KARMAN AVENUE, SUITE 1050 IRVINE, CALIFORNIA 92612-1009 Tel: (949) 863-3363 Fax: (949) 863-3350 RIVERSIDE COUNTY OFFICE 3403 TENTH 5i-REET. SUITE 300 RIVERSIDE, CAUFORNiA 92501-3629 Tel: (909) 788-0100 Fax: (909) 788-5785 LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 611 WEST SIXTH STREET SUITE 2500 LOS ANGELES, CALIFORNIA 90017-3102 Tel: (213) 236-0600 Fax: (213) 236-2700 www.bwslaw.com SAN DIEGO COUNTY OFFICE 550 WEST “c” Sl-REm SUITE 1880 SAN DIEGO, CALIFORNIA 92101-8583 Tel: (619) 615-6672 Fax: (619) 615-6673 VENTURA COUNN OFFICE 2310 EAST PONDEROSA DRIVE. SUlTE 25 CAMARILLO, CALIFORNIA 93ilO-4747 Tel: (805) 9874468 Fax: (805) 482-9834 Wrltet’s Direct Dial: (213)236-2830 sonsfof@bws/aw.com OUR FILE NO: FOOOZ June 4,2001 Ronald R. Ball, City Attorney City of Carlsbad 1200 Carlsbad Drive Carlsbad, California 92008 Re: Proposal to Provide Telecommunications Legal Services Dear Mr. Ball: Pursuant to the request of your Deputy City Attorney, Damien Brower, we are pleased to provide you with this proposal to provide legal services to the City of Carlsbad regarding telecommunications issues. As a law firm focused on representing California cities, including issues involving telecommunications in all forms, we believe we bring the experience, skill and commitment necessary to provide excellent legal services to the City of Carlsbad. We have developed a team of expert attorneys to meet the City’s legal needs in these processes in an efficient and cost-effective way. Burke, Williams & Sorensen, LLP is in the forefront of local government telecommunications issues, and our Telecommunications & Technology Law Group attorneys regularly provide our municipal clients with advice and legal services involving telecommunications laws, cable television, and other technology issues. Our Telecommunications & Technology Law Group attorneys provide advice and, when necessary, carry out litigation on issues involving telecommunications laws and the laws governing high technology development and application. We often assist our public entity clients in the development of cable television franchises and cable television regulation ordinances. We also have experience in many other areas of telecommunications law, including the Telecommunications Act of 1996 and the constraints it places on local governments’ authority. We have litigated the application of a local telecommunications franchise ordinance to a competitive telecommunications carrier, and obtained a settlement favorable to the City. We also have experience in dealing with local government land use and siting issues, including zoning, conditional use permits and historic preservation, as well as electromagnetic fields issues. We also assist clients in drafting communications licensing agreements and ordinances, as well as municipal communications policies. Additionally, the Group’s attorneys are experienced in LA #69792 vl Ronald R. Ball, City Attorney June 4,200l Page 2 drafting and negotiating technology agreements and licenses for both consumers and producers of high technology. The primary attorneys for Carlsbad’s telecommunications needs would be Mr. Stephen R. Onstot, Mr. Bradley E. Wohlenberg, and Mr. Bryan C. LeRoy. Mr. Wohlenberg would be the primary contact person for all services provided to the City of Car&bad. Mr. Wohlenberg would be assisted by Mr. LeRoy and Mr. Onstot, as needed. All attorneys would be available at all other times by phone, electronic mail, and fax. A brief summary of their respective qualifications is set forth below, and more detailed Professional Summaries are included in the materials attached to this proposal. BRADLEY E. WOHLENBERG - Mr. Wohlenberg is a senior associate in the Public Law Practice Group and the Technology & Telecommunications Law Group. He has been actively involved in preparing telecommunication ordinances for several of our client cities, and is representing those cities in their negotiations or conflicts with various telecommunications carriers. He is also currently negotiating cable franchise renewals for the City of Chino Hills with Adelphia, the City of Laguna Woods with Cox Communications, and two franchises for the City of Santa Clarita with AT&T and Time Warner. Mr. Wohlenberg serves as the Assistant City Attorney for the City of Laguna Woods. He also combines his interests in municipal issues and technology by serving as a charter member of the Technology Committee of the City Attorneys Department of the League of California Cities. He played an active role in establishing the new website for the City Attorneys Department (launched in October 2000), and was a speaker at the 1999, 2000, and 2001 City Attorneys Department Spring conferences. BRYAN C. LEROY - Mr. LeRoy is a principal member of the firm’s Technology & Telecommunications Law Group and serves as special counsel to a number of cities on cable- related matters and wireless technology. He is currently negotiating the cable franchise transfer and renewal for the cities of Vista, Encinitas, and Solana Beach with Daniels Cablevision. Mr. LeRoy has previously negotiated franchise renewals or transfers for the cities of Los Alamitos, Santa Clarita, Mammoth Lakes, Chino Hills, Camarillo, Lomita, Encinitas and Solana Beach. He has also provided general cable assistance to a host of other cities including Alhambra, Lake Forest, Dana Point, and Costa Mesa. Mr. LeRoy serves as the City Attorney for the City of Los Alamitos, and also as Assistant City Attorney for the City of Lake Forest, Deputy City Attorney for the Cities of Dana Point and Industry, and Assistant General Counsel to the Orange County Council of Governments. LA #69792 v 1 Ronald R. Ball, City Attorney June 4,200l Page 3 STEPHEN R. ONSTOT - Mr. Onstot is a partner in the firm and leads its Telecommunications & Technology Law Group, as well as being a member of the firm’s Environmental Law and Land Use Group. He has concentrated his practice in the representation of clients in cable television, patent, trademark, and copyright matters and environmental law and litigation. Mr. Onstot serves as special counsel to several municipalities regarding cable television matters including franchise negotiations and consolidation of telecommunication service providers. In addition, Mr. Onstot advises clients on patent, trademark, and copyright issues, many of which involve the interface between intellectual property law and the Internet. Burke, Williams & Sorensen is a Los Angeles-based firm with four satellite offices located in Camarillo, b-vine, Riverside, and San Diego. Of the attorneys proposed for this project, Mr. Onstot and Mr. Wohlenberg will serve the City of Car&bad out of our Los Angeles office, and Mr. LeRoy from our b-vine office. Legal services would be rendered on a time and materials basis, at a rate of $195 per hour for Mr. Wohlenberg and Mr. LeRoy, and $250 per hour for Mr. Onstot. Other attorneys of the Telecommunications & Technology Law Group may perform services for the City of Carlsbad as needed, at rates between $170 and $190 per hour. Without knowing more about the City’s particular situation regarding its right-of-way, it is impossible to estimate a total amount of fees. However, as a method of cost control, we would agree to a fee cap that is not to be exceeded without further authorization. These rates will remain constant through June 30, 2002, at which time they will be adjusted for inflation consistent with the Consumer Price Index. The firm bills in increments of .10 hours for professional services, and does not bill for support services. The firm also bills for all out-of-pocket expenses, including, but not limited to, long distance telephone calls, reasonable travel expenses (including mileage), faxes, and photocopies (not to exceed $0.15 per page). Pursuant to Business and Professions Code requirements, Burke, Williams & Sorensen, LLP does have professional liability insurance for the matters covered by this proposal. If this proposal is acceptable to you, you may acknowledge as indicated below and return a copy to me. If you desire a more formal retention agreement, please contact us at your convenience and we can supply you with such a document. LA #69792 VI Ronald R. Ball, City Attorney June 4,200l Page 4 If you have any questions or need further information, please do not hesitate to call me or Mr. Wohlenberg. Either of us will be happy to clarify any questions you may have. of BURKE, WILLIAMS & SORENSEN, LLP cc: Damien Brower, Deputy City Attorney, Carlsbad John J. Welsh, Managing Partner, BW&S THE PROPOSAL FOR LEGAL SERVICES SET FORTH ABOVE IS ACCEPTED. Dated: 7 I I By: (signature) Ronald R. Ball (printed name) City Attorney (title) LA#69792vl