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