HomeMy WebLinkAbout1999-06-08; City Council; Resolution 99-2076 0 0
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RESOLUTION NO. 99-207
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 provide$
the City Council may employ special counsel under terms it considers proper; and
WHEREAS, the City Council has determined, upon recommendation o
City Attorney, that it is necessary to retain additional special counsel for eminent dor
and condemnation matters,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit!
Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
Gatzke Dillon & Ballance as he considers appropriate pursuant to the “Proposed Ga kk5g
2. That the City Attorney is hereby authorized to employ the law firm c ow2
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$Z$: 16 Dillon & Ballance Rates for Legal Services” attached hereto as Exhibit “A”.
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a01 ps l7 3. That the City Attorney is hereby authorized to employ the law firm oi
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Woodruff Spradlin & Smart as he considers appropriate pursuant to the “Proposed
Woodruff Spradlin & Smart Rates for Legal Services” attached hereto as Exhibit “B”.
4. That the City Council authorizes the expenditure of funds as may t
necessary to pay the fees of special counsel for eminent domain and condemnation
matters.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Cit
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following vote, to wit: 3
Council of the City of Carlsbad held on the 8th day of June , 1999 b
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AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin
NOES: None
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ABSENT: None
( AMHA LwAUENgANZ, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
(SEAL)
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GATZKE, DILLON & BALLANCE c_ ur 8;LBa” nd Ai
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ATTORNEYS & COUNSELORS AT LAW
1921 PALOMAR OAKS WAY, SUITE 200
CARLSEAD, CALIFORNIA 92008
TELEPHONE: 1760) 431-9501
FACSIMILE: 1760) 431-9512
May 21, 1999
Hand Delivered
Ronald R. Ball
City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Legal Services Proposal
Dear Ron:
Thank you for considering our firm for possible retention by the City of Carlsbad in
connection with a potential litigation matter. As you requested, we have enclosed a copy of our firm
resume summarizing the experience and qualifications of our firm.
I would be the principal attorney of the firm responsible for the services rendered in this
matter. The fim may assign an associate or a legal assistant, as necessary, to assist me in the work
directed by the City.
The hourly rates which we are currently using for public sector clients on land use planning,
epvironmental and other related litigation matters are as follows:
Mark J. Dillon
Lori D. Ballance
Michael S. Haberkom
Other Associates
Legal Assistants
$200.00 per hour
$190.00 per hour
$175.00 per hour
$160.00 to $170.00 per hour
$ 85.00 per hour
Our firm does not charge separately for routine secretarial or clerical time. Our current
copying charges are $.20 per copy for copies made in-house on behalf of the client. For larger
volume copying (generally any copying project over 500 pages), we usually send the project out for
copying and bill the client only for the actual costs of copying charged to us. Depending upon the
volume, these costs run approximately $.08 per copy (single-sided, non-color copying).
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GATZKE, DILLON & BALLANCE
Ronald R. Ball
May 21,1999
Page 2
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We would request reimbursement for our telephone expenses. We treat out-going FAX
charges the same as telephone charges: the only reimbursement is for the telephone line time,
rebilled at our cost. We do not charge for in-coming FAX documents.
All other costs and out-of-pocket disbursements, such as travel expenses, charges for
computer-based legal research (e.g., LEXIS), and messenger or courier services, are rebilled at our
cost.
Our practice is to submit statements on a monthly basis for fees and costs incurred. Our
statements are presented in a line-item format describing the specific services performed, and the
specific costs incurred. A summary of the hours spent by each attorney or legal assistant, and the
applicable billing rate for each individual, is also included with the statement. We would expect to
receive payment for our professional services rendered and costs advanced within 30 days of receipt.
These billing rates would remain in effect at least through March 1, 2000. If our
representation continues beyond that time, we would like the opportunity to renegotiate those rates,
if appropriate, based upon then prevailing economic circumstances and conditions.
If you have any questions regarding this letter, or the terms of our possible representation,
please do not hesitate to contact us. Thank you for the opportunity to present this proposal to you.
I look forward to hearing fiom you.
&&&, Very truly yours,
Mark J. Dillon
of
Gatzke, Dillon & Ballance
MJD:dsm
Enclosure
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LAW OFFICES OF
WOODRUFF, SPRADLIN & SMART
A PROFESSIONAL CORPORATION
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701 SOUTH PARKER STREET, SUITE 7000 ORANGE, CA 92868-4724 (714) 558-7000 B FAX (714) 835-7787
VIA FACSIMILE
May 24, 1999
DIRECT DIAL: (714) 564-2603
DIRECT FAX: (714) 565-2503
E-MAIL: JRS@WSS-LAW.COM
Ronald Ball, Esq.
City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Firm Resume
Dear Ron:
Pursuant to our discussion, I am enclosing our firm resume. The firm is City
Attorney to the Cities of Garden Grove, Tustin, San Juan Capistrano, Laguna Hills,
Paramount, and newly added Hawaiian Gardens. In addition, we are general counsel to
a number of special districts, including the Orange County Transportation Authority,
South Coast Water District and the Orange County Sanitation District.
Our firm provides a full gamut of municipal law services, including, of course,
property acquisition matters.
We take particular pride in providing a high quality of service with an eye to cost
containment on behalf of our clients. (In a private survey a few years ago, Carl Warren
rated our firm as best in Orange County for reasonableness in cost billings with respect
to tort defense work.) I would be happy to discuss billing rates at your convenience.
IT j
JOSEPH W. FORBATH m LOIS E. JEFFREY W MAGDALENA LONA-WIANT JULIE McCLOSKEY B THOMAS E NEON DAW B. OLSON JASON E. RESNICK TERRY C. ANDRUS m JUDY A. BARNWELL M. LOIS BOBAK m JOHN E. CAVANAUGH CRAIG G. FARRINGTON RODELL R FICK
OMAR SANWVAL m JOHN R SHAW GREGORY E. SIMONAN KJZNNARD R SMART, JR. DANIEL K. SPRADLIN THOMAS L. WOODRUFF
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Ronald Ball, Esq.
May 24,1999
Page 2
It was good seeing you at the League conference.
Very truly yours,
WOODRUFF, SPRADLIN & SMART
A Professional Corporation
"AL [*+JkDJJJ
JOHN R. SHAW
JRS:lgw
Enclosure
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