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Home My WebLink About2003-08-05; City Council; 17259; Retention of Legal Services Formation of DistrictAB# 17,259 MTG. 8/5/03 TITLE: RETENTION OF BEST, BEST & KRIEGER FOR LEGAL SERVICES RE: FORMATION OF THE STREET LIGHTING AND LANDSCAPING DISTRICT DEPT. CA DEPT. HD. CITY ATTY. CITY MGR. 3 CITY OF CARLSBAD - AGENDA BILL a RECOMMENDED ACTION: Adopt Resolution No. 2003-205 authorizing retention of special counsel for formation of the Street Lighting And Landscaping District. ITEM EXPLANATION: At its meeting of June 3, 2003, Council adopted Resolution No. 2003-138 initiating proceedings for the Street Lighting and Landscape District No. 1. Part of the formation of the Landscaping District requires special legal services. The City Attorney and the Finance Director recommend the law firm of Best, Best and Krieger. The Special Counsel Agreement is attached to the Resolution and is recommended for approval. FISCAL IMPACT: The hourly rates for partners is $1 90. ENVIRONMENTAL REVIEW: None. EXHIBITS: I. Resolution No. 2003-205 2. Special Counsel Agreement with Best Best & Krieger LLP. Department Contact: Ronald R. Ball, 434-2891 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE RETENTION OF ADDITIONAL SPECIAL COUNSEL WHEREAS, section 2.14.1 30 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 and Finance Director, that it is necessary to retain additional special counsel for legal services regarding the formation of the Street Lighting and Landscaping District. 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 Best, Best & Krieger as he considers appropriate pursuant to the proposed Special Counsel Agreement to provide legal services regarding the formation of the Street Lighting and Landscaping District 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, land use and assessment district formation 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. 4. That the City Council further authorizes the expenditure of funds as may be necessary to pay the fees of special counsel for legal services in regard to the formation of the Street Lighting and Landscaping District 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 5th day of AUGUST ,2003 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard ABSENT: None (SEAL) SPECIAL COUNSEL AGREEMENT tt. THIS AGREEMENT is made and entered into this 6 day of &.-ZCobe.c ,2003, by and between the CITY OF CARLSBAD, CALIFORNIA (“City”) and BEST BEST & KRIEGER LLP (“Counsel”). NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: SECTION 1. Scope of Services. Counsel shall perform legal services in connection with proposed assessment proceedings and financing in the matter of a proposed landscape maintenance district, (the “Landscape Maintenance District”) under proceedings conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 and following) (the “1 972 Act”), Article XIIID of the Constitution of the State of California (“Article XIID’’) and the Omnibus Proposition 2 18 Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act may be referred to collectively as the “Assessment Law”). Such legal services shall include: A. B. C. D. E. F. G. Examination of the plans and specifications for the proposed. work, the boundary map and assessment diagram of the Landscape Maintenance District, the assessment roll, and the giving of instructions and advice in connection with the foregoing; Recommendations as to procedure, schedules and actions that should be conducted and taken to ensure compliance with the requirements of the Assessment Law; Review the Assessment Engineer’s Report to determine that it conforms to and addresses all requirements of the Assessment Law as it relates to the formation proceedings for the Assessment District; Preparation of all resolutions, notices, contracts, assessment ballots, and other papers and documents required in the formation proceedings; Examination of the proceedings pertaining to the formation of the Landscape Maintenance District and the assessment ballot procedure, step by step, as taken; Appear at all hearings under the proceedings, and attend any meeting where attendance is requested by the City; Advise the City staff and Assessment Engineer regarding the ongoing administration of the Landscape Maintenance District and the proceedings for the annual levy of assessments and proceedings to annex property to the Landscape Maintenance District; and I H. Provide any and all other customary special counsel services relating to the formation proceedings. SECTION 2. Oblipations of City. The City shall perform as follows: A. Cooperation with Counsel. Furnish to Counsel such maps, records, title searches, and other documents ,and proceedings, or certified copies thereof, as are necessary for us to provide our approving legal opinion. B. Payment of Fees for Services Rendered. Payment to Counsel for services rendered,pursuant to this engagement shall be made as follows: Counsel shall be paid on an hourly basis for those legal services described in Section 1 .A. above pertaining to the formation of the Assessment District. Counsel’s hourly rates for partners and of counsel are $190, senior associates are $155, junior associates are $130 and paralegals are $105. Warren Diven, whose hourly rate is $190, will serve as lead attorney for Counsel and Mrunal Mehta, whose hourly rate is $1 30, will assist Mr. Diven. Such fees shall be payable monthly upon invoice from Counsel. Such fees shall not exceed $15,000 (the “Fee Cap”) for the formation of the Landscape Maintenance District without the prior written consent of the City. Fees for legal services related to annexations to the Landscape Maintenance District andor annual proceedings to levy assessments would not be subject to the Fee Cap. C. Pavment of Expenses of Counsel The following costs and expenses are billable to, and payable by, the City: Photocopying Counsel’s current rate. Overnight & Messenger Delivery Actual cost Facsimile Counsel’s current rate, Expenses incurred in the provision of legal services related to the formation of the Landscape Maintenance District shall be payable monthly upon invoice from Counsel. SECTION 3. Limitation of Engagement; Additional Services. Counsel’s services in this engagement are limited to those expressly set forth in Section 1 above. Upon written request of the City, Counsel will provide legal services related to appurtenant legal matters, including, but not limited to, litigation challenging the validity of the proceedings to form the Landscape Maintenance District, the levy of annual assessments or the annexation of property to the Landscape Maintenance District. Counsel will perform any such additional services at rates to be mutually agreed upon before any work is actually performed. SECTION 4. Conflicts. Counsel hereby states that it does not represent clients with adverse interests to the City as it relates to the Landscape Maintenance District. In addition to our private clients, our firm represents many other public agencies and also represents underwriters of municipal bonds. It is possible that during the 2 time of this engagement, one or more of our present or future clients will have transactions with the City. We do not believe that such representation, if it occurs, will adversely ‘affect our ability to represent you as provided in this agreement, either because such matters will be sufficiently different from services provided hereunder so as to make such representations not adverse to our representation of the City or because the potential for such adversity is remote or minor and outweighed by the consideration that it is unlikely that advice given to the other client will be relevant to any aspect of the matters within the scope of this agreement. Execution of this agreement will signify the City’s consent to our representation of others consistent with the circumstances described in this paragraph. SECTION 5. Termination. This Agreement may be terminated by either party hereto by mailing written notice thereof to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first hereinabove written. “CITY” n “COUNSEL,” BEST BEST & KRIEGER LLP 3