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HomeMy WebLinkAboutC-2230 - Republic Airlines v. Orange County regarding John Wayne Airport Noise Variance'46 44 MEMORANDUM March 17 1981 To: Members of the City Council From: City Attorney Subject: Republic Airlines Lawsuit Please be advised that the lawsuit commenced by Republic Airlines, Inc. vs. County of Orange in regard to challenging the use restrictions at John Wayne Airport has been dismissed, and the case is now terminated. The Council will recall, the City was represented in this case by Wenke, Taylor, Evans & Ikola. We believe the result in this case is favorable to the City since it leaves intact all County use restrictions regarding operation of John Wayne Airport, Hugh R. Cof i HRC /pr cc. City Manager - for filing / City Clerk - for filing ✓ CITY OF NEWPORT BEACH BY ,;,, - „; < OurviaL Office of CITY OF hE'vVPORT BEACH CITY ATTORNEY January 12, 1981 To: The Honorable Mayor and Members of City Council Item No. H -2(e) From: City Attorney Subject: Agreement with Wenke, Taylor, Evans & Ikola Regarding John Wayne Airport Variance Hearing On December 22, 1980, the City Council agreed to retain Wenke, Taylor, Evans & Ikola to represent the City at the upcoming variance hearings for John Wayne Airport. It is suggested that the City enter into a letter agreement with Wenke, Taylor, Evans & Ikola, the terms of which are contained in Mr. Ikola's letter of January 6, 1981, to perform these services. The work will be controlled by the City Attorney. As presented to the Council, there is no maximum dollar limitations set forth in the letter agreement. The reason for this is that no specific maximum number of hours can be accurately assessed due to the uncertainty of time needed to prepare for and present the City's position at the variance hearing. We will, however, keep close review of the work being performed to be certain the costs do not become unreasonable. It is recommended that the City Council adopt a resolution approving the execution of an agreement between the City of Newport Beach and Wenke, Taylor, Evans & Ikola to perform these legal services. 6 Hugh R. Co i Attachment 0 December 8, 1980 0 CITY OF NEWPORT BEACH TO: FROM: FINANCE DIRECTOR Citv Clerk SUBJECT: Contract No. C -2230 OFFICE OF THE CITY CLERK (714) 640 -2251 Description of Contract Wenke, Taylor, Evans & Ikola Legal Counsel,-.Republic Airlines West Vs County of Orange Effective date of Contract 11 -24 -80 Authorized by Resolution.No. 9931 , adopted on 11 -24 -80 Contract with Wenke, Taylor, Evans 0 Ikola Adress 4000 MacArthur Blvd. urte 40 Newport Beach, CA 92660 Amount of Contract not to exceed $25,000.00 4"1'- ra," ng � Wanda E. Andersen City Clerk WEA:bf City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 LAW OFFICES WENKE, TAYLOR, EVANS F3 IKOLA A A. C APIN LINDA Ii 4 4000 MACARTHUR BOULEVARD. SUITE 540 T AREA CODE 714 RICHARD A. OEREVAN 3837 -00 November 21, 1980 Mr. Hugh Coffin City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, Ca. 92663 Re: Republic Airlines West, Inc., v. The County of Orange Orange County Superior Court Case No. 34 -26 -60 Dear Mr. Coffin: This will confirm that our firm has been requested to represent the City of Newport Beach in the above - referenced lawsuit by seeking leave to intervene, and thereafter filing opposition to the preliminary injunction requested by Plaintiff and any subsequent activity in the case. We will undertake this task under the following fee arrangement. Our fees will be based upon the time devoted to the matter by each attorney of our firm multiplied by the then current hourly rate for that attorney. Currently, our hourly rates range from $80 to $135 per hour. The three attorneys who will be performing the majority of the work on this case have current hourly rates ranging from $80 to $100 per hour. Accordingly, we propose that our fees be based on our normal hourly charges subject to the limitation that the total fees will not exceed the total number of hours worked multiplied by $90 per hour. In addition to the fees, there will be charges for direct out -of- pocket expense items such as photocopying, long distance telephone, any extraordinary secretarial services, messenger services, filing fees, etc. Invoices will be presented monthly. Kindly advise when formal approval of the above fee arrangement has been obtained. In the meantime, because of the time pressures imposed by the upcoming hearing on the preliminary injunction and the need to intervene, we have begun our wo immediately. 'rk ��/ �,A II E.r, rfr,r7 CI7Y NOV 2 41980 v CIT y OF N PORT BEACH, CALIF. l __ , .. 0 9 Mr. Hugh Coffin November 21, 1980 Page 2 This will also confirm that we have disclosed to you that our firm is representing a plaintiff in an action against the City of Newport Beach relating to property damage caused by flooding. The name of the case is Macfarland v. City of Newport Beach and is a municipal court action. After dis- cussing the matter, each of us felt comfortable with the fact that no conflict will be presented in connection with our work on the airport case. Thank you again for the opportunity to serve. RJI:so Very truly yours, '_7'"-"' R ). Raymond J. Ikola of WENKE, TAYLOR, EVANS & IKOLA ACCEPTANCE The CITY OF NEWPORT BEACH hereby accepts the contents of this letter subject to monthly billings and a maximum consideration not to exceed Twenty -Five Thousand Dollars ($25,000.00), approved by the Newport Beach City Council on November 24, 1980. December ! , 1980. City Attorney of the City of Newport Beach 9 Ado to " 9931 NOV ?,4 1980 gy OF OF WOW NC CITY mkcH CITY OF NEWPORT BEACH Office of CITY ATTORNEY 0 November 24, 1980 To: The Honorable Mayor and Members of City Council Item No. //_ From: City Attorney Subject: Republic Airlines West v. County of Orange - Retention of Counsel On November 10, 1980, the City Council authorized the retention of outside counsel to represent the City in the above litigation. I have interviewed several firms to provide legal assistance to this office and recommend that the firm of Wenke, Taylor, Evans & Ikola be employed by the City to represent the City's interest in that litigation. The Council will recall that Wenke, Taylor, Evans & Ikola represented the five individual councilmen earlier this year in the Koll Company litigation. Our experience with them during the litigation indicates they have exceptionally fine legal abilities and will represent the City very well in the lit- igation. The fee arrangement through the preliminary injunction stage will be substantially below the limitation set forth by the City Council action of November 10, 1980, and should not exceed $4,000 at the outside. It is recommended that an appropriate resolution be adopted authorizing the execution by this office of a letter agreement with Wenke, Taylor, Evans & Ikola to represent the City in the above litigation. Hugh 4Coffin • .r..rrc.� N 0 V 14- 7980 By the c'I r Cvuivaii. CITY OF NIVAI ItT ftL#A� RESOLUTION NO. 093 J 40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF A LETTER AGREEMENT WITH WENKE, TAYLOR, EVANS & IKOLA REGARDING LEGAL SERVICES REPRESENTING THE CITY OF NEWPORT BEACH IN THE REPUBLIC AIRLINES LAWSUIT WHEREAS, Republic Airlines West, Inc., has commenced litigation against the County of Orange regarding airport operations at John Wayne Airport; and WHEREAS, said litigation challenges the existing limitation imposed by the County of Orange on average daily departures from John Wayne Airport; and WHEREAS, the City of Newport Beach has a substantial interest in the preservation of the limitation on the number of departures, as well as the other noise measures, at John Wayne Airport; and WHEREAS, it is appropriate to employ outside counsel to represent the City of Newport Beach in said litigation, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the City Attorney is authorized to execute a letter agreement employing the firm of Wenke, Taylor, Evans & Ikola to assist the City Attorney in the preparation of the City's case in the above litigation. 0 El • ADOPTED this day of NOV 2 1980. ATTEST: City Clerk Mayor 2 HRC /kv 111980