CCMIN072596 - Laserfiche WebLink

Mr. Roush agreed that is one approach. On the other hand, Mr. Weinberger's firm has successfully defended challenges to initiatives whether they were the proponents or opponents of the initiatives, so their expertise in that area is as good as anyone in the state. Ms. Mohr asked why the rest of the Council was not consulted regarding who to hire? Mr. Roush stated there was no particular reason other than the element of time. Given the association the firm has had with the City in the last six months or so, he did not have any reservations in enlisting Mr. Weinberger's support. Ms. Michelotti indicated she had asked the same questions and agreed the Council did not make a decision on who to retain. Ms. Mohr asked about the reference to LAVWMA. Mr. Roush indicated Mr. Weinberger had been assisting him and the Livermore City Attorney regarding a number of LAVWMA related issues including the EBDA negotiations and potential ballot issues. He is representing the City of Pleasanton, not LAVWMA. Ms. Michelotti asked the City Attorney if there were other occasions when this firm was hired by the entire Council to look at other items; has only the City Attorney sought the advice of this firm; and has any Councilmember personally used the firm. Mr. Roush indicated that outside counsel is generally not used. The few times outside counsel has been used, it has been on an as-needed basis, for example some of the San Francisco related issues regarding annexation. Typically, Council defers to his judgment on when outside counsel is needed and he has money budgeted for that purpose. When the City joined in the Dougherty Valley litigation, Mr. Weinberger's firm was representing East Bay MUD as well as other cities and it made sense to use his services as well rather than use other counsel or do it in-house. Recently, when the City was considering an attorney to deal with water rights, it was necessary to have an on-going relationship to assist in this area of the law. There was a more elaborate selection process that has not usually been done on other matters. There are no set rules on when this is done, however the process has worked well from his perspective in terms of when he needs assistance, he has retained counsel. Ms. Acosta indicated outside counsel has also been used in regard to labor relations. In that instance, the City Attorney and City Manager selected the attorney. Ms. Michelotti then asked if Mr. Roush was the only person who has used this finn. Mr. Roush was not aware that the firm had represented any individual Councilmember. The work the law firm has done have related to the City and Council in general. 07/25/96 -3-