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<br />CITY COUNCIL MEETING DATE: <br /> <br />~ <br />~ <br /> <br />REQUEST FOR <br />COUNCIL ACTION <br /> <br />CLERK OF COUNCIL USE ONLY: <br /> <br />OCTOBER 18, 2004 <br />TITLE: <br /> <br />APPROVED <br /> <br />o As Recommended <br />o As Amended <br />o Ordinance on 151 Reading <br />o Ordinance on 2nd Reading <br />o Implementing Resolution <br />o Set Public Hearing For <br /> <br />AMENDMENT TO LEGAL SERVICES <br />AGREEMENT WITH RICHARDS, <br />WATSON & GERSHON <br /> <br /> <br /> <br />CITY MANA~ <br /> <br />CONTINUED TO <br /> <br />---- <br /> <br />FILE NUMBER <br /> <br />RECOMMENDED ACTION <br /> <br />Direct the City Attorney to prepare and authorize the City Manager and the <br />Clerk of the Council to execute a legal services agreement with Richards, <br />Watson & Gershon with a maximum hourly rate of $250.00 to provide legal <br />services related to the One Broadway Plaza referendum. <br /> <br />DISCUSSION <br /> <br />While the City Attorney's Office provides the vast majority of its legal <br />services and representation though staff counsel, from time to time it is <br />necessary to contract for services through outside counsel. Aspects of the <br />pending referendum on the One Broadway Plaza office building present one <br />of those situations. The Developer of One Broadway Plaza has brought a <br />challenge to the legality of the referendum petitions. The case raises <br />unique election law issues that are not regularly handled by staff <br />counsel. Additionally, staff counsel is handling related environmental <br />litigation arising from One Broadway Plaza, and that litigation and other <br />pending cases prevent staff counsel from dedicating necessary resources to <br />the referendum petition litigation. <br /> <br />The firm of Richards, Watson & Gershon is a highly respected municipal law <br />firm with broad experience in elections, initiative and referendum. The <br />firm is also currently serving as special counsel to the City regarding <br />the City's cable television franchise renewal negotiations and performing <br />highly satisfactorily. <br /> <br />25K-1 <br /> <br />