HomeMy WebLinkAboutC-2258 - Attorneys for Legal Services Regarding John Wayne AirportCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
March 26, 1981
TO: FINANCE DIRECTOR
FROM- City Clerk
SUBJECT: Contract No. 2258
Description of Contract Legal Services in regard
to the expansion of John Wayne Airport
Effective date of Contract March 25, 1981
Authorized by Resolution No. 10,011, adopted on March 23, 1981
Contract with (Iead Counsel) Leubben, Hughes & Kelly
805 Tijeras, NW
Adress Albuquerque, New Mexico 87102
(California Counsel) Beardsley, Hufstedler & Kemnle
Suite 2220, Crocker Bank Plaza
611 [lest Sixth Street
Amount of Contract(see Contract) Los Angeles, CA 90017
4 " �' (! �?a' ",/, "
Wanda E. Andersen
City Clerk
WEA:bf
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
ATTORNEY CONTRACT
THIS AGREEMENT is made and entered into this a %*,day
of March, 1981 by and between the CITY OF NEWPORT BEACH,
CALIFORNIA (hereafter the "City ") and the law firms of LUEBBEN,
HUGHES & KELLY, 805 Tijeras, NW, Albuquerque, New Mexico 87102
(hereafter referred to as "Lead Counsel "), and BEARDSLEY,
HUFSTEDLER & KEMBLE, Suite 2220, Crocker Bank Plaza, 611 West
Sixth Street, Los Angeles, California 90017 (hereafter referred
to as "California Counsel "). As used herein, the term "the
Attorneys" shall refer to both firms together.
WITNESSETH:
1. Subject to and in consideration of the terms of
this agreement, the City hereby contracts with, retains and
employs the Attorneys for the provision of legal services, and
Attorneys hereby agree to perform such legal services.
2. Attorneys are appointed as special legal counsel
to the City, and, subject to the provision of paragraph 3, shall
appear as such before all federal and state courts, tribunals,
departments, and agencies in matters which affect the interests
of the City and arise out of the proposed expansion of John Wayne
Airport, shall provide legal advice and counsel to the City,
and shall initiate legal proceedings against Orange County and
other appropriate parties in connection with such expansion.
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0 0
3. The Attorneys, in the performance of their duties
under this contract, shall be subject to the supervision and
direction of the City Council of Newport Beach and shall keep
the City Attorney fully informed of their activities and seek
his counsel.
4. Lead Counsel shall have primary responsibility
for providing all legal services contemplated under this agreement.
California Counsel shall assist Lead Counsel in the provision
of legal services to the City and provide local counsel services
to Lead Counsel.
5. In consideration of the services to be rendered,
the City shall pay the Attorneys compensation as follows:
a) Lead Counsel:
Partners: $95.00 /hour
Associates: $70.00 /hour
b) California Counsel:
Partners: $125.00 /hour
Associates: $80.00 /hour
c) Compensation for the time of law clerks and/
or paralegals shall not exceed $40.00 /hour.
Reasonable adjustments to the foregoing rate schedule shall be
made on the first and each subsequent anniversary date of this
agreement.
6. The Attorneys shall be reimbursed by the City for
reasonable and necessary expenses incurred in the course of pro-
viding legal services hereunder, including travel expenses, car
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0 40
rentals, mileage for private automobile travel (not to exceed
current federal Internal Revenue Service rates), long distance
telephone calls, printing of documents, copying at the least
expensive reasonably available rate, postage and other out -of-
pocket expenses, plus all applicable gross receipts taxes. Lead
Counsel agrees that it will not charge the City for the first
$5000.00 of the round -trip airfare expenses between Albuquerque,
New Mexico and southern California, incurred in any calendar
year. Lead Counsel further agrees that it will charge the City
for only 50% of the actual cost of overnight accomodations and
business related meals while in southern California. The remain-
der will be absorbed by Lead Counsel.
7. Within ten days of the approval of this contract,
the City shall deliver to the Attorneys two retainers in the
amount of $10,000.00 each. One shall be made payable to Luebben,
Hughes & Kelly Attorney Trust Account; the other shall be made
payable to Beardsley, Hufstedler & Kemble Attorney Trust Account.
The retainers will be drawn upon to satisfy amounts billed by
the Attorneys for services under this contract, until exhausted.
8. Lead Counsel will submit to the City monthly a
bill for services rendered and expenses incurred by the Attorneys,
which bill shall specify separately the amounts due to California
Counsel and Lead Counsel. California Counsel will send its bill
to Lead Counsel to be forwarded to the City. Payment of such
bills shall be made by the City within 20 days of receipt thereof,
directly to each firm in the appropriate amounts as shown by
-3-
0
0
the bill. No payment shall be withheld on account of any ques-
tion or disagreement over particular charges (except that where
a mathematical error appears on the face of the bill, the City
shall pay the correct amount after consultation with Lead Coun-
sel), but any adjustments shall be reflected in the bill for
the month following.
9. This contract is not assignable in whole or in
part by the Attorneys.
10. This contract may be terminated by the City upon
30 days written notice to Lead Counsel, and in such event, the
Attorneys shall cooperate fully in transferring their files to
such other attorneys as the City shall designate. Lead Counsel
may terminate this contract upon 90 days written notice to the
City, but nothing herein shall excuse the Attorneys from their
professional obligation to ensure that the City's legal rights
are fully protected until substitute counsel is obtained. Calif-
ornia Counsel may withdraw from further represenation of the
City under this contract upon 90 days written notice to the City
and Lead Counsel, but such withdrawal shall not affect the con-
tinuing validity of this contract as between the City and Lead
Counsel. Upon notice of such withdrawal, the City and Lead
Counsel shall agree upon another firm as local counsel.
11. The attorneys shall provide the City with a writ-
ten status report at intervals of no less than sixty (60) days.
The status report shall advise the City of progress in connection
with the services provided hereunder and of costs which the
NE41
0 0
Attorneys anticipate will be incurred during subsequent phases
of their work.
12. Subject to the approval of the City, the Attorneys
shall retain, on behalf of the City, the services of such experts
and others as are needed for the proper assertion of the City's
claims hereunder, and shall supervise and oversee the work of
all such persons. The Attorneys will also obtain approval of
the City for other major expenditures, where feasible.
13. Upon approval by the City, the effective date of
this contract is March 11, 1981. Unless terminated earlier by
the City or Lead Counsel, this contract shall remain in effect
for a period of three years.
THE FOREGOING is understood, accepted and agreed to by the
undersigned authorized representatives of the City, and the
Attorneys.
ATTEST:
City Clerk
APPROVED AS TO FORM
Datc: 311-0-1
CITY TTOR Y
B1'-- -- .. .... - ...._ .
LUEBBEN, HUGHES & KELLY
805 Tijeras, NW
Albuquerque, NM 87102
BY
// JOHV . -KELLY
BEARDSLEY, HUFSTEDLER & KEMBLE
Suite 2220
Crocker Bank Plaza
611 West Sixth Street
Los Angele alifornia 90017
BY
PIERCE 0 ONNELL
-5-
CITY OF NEWPORT BEACH
March 16, 1981
CITY OF NEWPORT BEACH
OFFICE OF THE MAYOR
(714) 640 -2110
P R E S S R E L E A S E
Newport Beach Mayor Jackie Heather announced today the
selection of a dual legal team to fight airport expansion.
The firms selected are Beardsley, Hufstedler & Kemble, a
major Los Angeles law firm specializing in court room litiga-
tion; and Luebben, Hughes and Kelly from Albuquerque, New
Mexico, a nationally recognized firm who specializes in
public interest and environmental law. Both law firms have
successful litigation records in environmental, constitutional,
and public interest matters. Beardsley, Hufstedler & Kemble
have served as Special Counsel to the California Commission
on Judicial performance and made all of the studies and sug-
gestions in 1978 to improve the performance of the California
Supreme Court. The firm has also served as Special Counsel
for the Metropolitan dater District. Members of the law firm
include a former United States Secretary of Education, a
former Judge of the United States Court of Appeals for nineteen
years, an Aide to the United States Supreme Court Justice
Potter Stewart, and numerous lawyers who have served as
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
•0 • •• 0
Page -2-
consultants to United States Senate Sub - committees on various
public matters. Mr. Hufstedler, is a former President of the
California State Bar Association.
Luebben, Hughes and Kelly have had extensive litigation ex-
perience in California and Washington, D.C.
Mayor Heather said, "It is my conviction that the law firms
selected by the City offer an extremely effective source of
legal representation in this critical matter. The City Council
of Newport Beach is unanimously committed to provide a guaranteed
limit to the activities at John Wayne Airport. Even though
citizens, councilmen, and staff have worked with County rep-
resentatives for several years to develop a reasonable airport
plan, the recently adopted Master Plan does not guarantee
limits on airport growth. Even before the Master Plan was
adopted, members of the Board of Supervisors authorized a study
to increase the number of flights beyond those suggested in
the Master Plan. Currently, John Wayne Airport operates in
violation of the State Noise Law. The airport could comply
with the Noise Law if commercial flights were limited to 26
per day.
Mayor Heather further pointed out that this City has encouraged
the Board of Supervisors, for years, to obtain a new site for
Page -3-
a commercial airport. "Even so, the County is no further
along today than it was six years ago in finding such a site.
In the absence of maximum flight limits and the location of
a new commercial airport site that will provide long -term
solutions, the Newport Beach City Council has no alternative
other than legal actions against the County to protect and
preserve the rights of the citizens of Newport Beach to con-
tinue to exist without the fear of unbridled airport expansion."
.0. •
3. The Attorneys, in the performance of their duties
under this contract, shall be subject to the supervision and
direction of the City Council of Newport Beach, or the Mayor
as the Council shall direct, and shall also keep the City Attorney
fully informed of their activities and seek his counsel.
4. Lead Counsel shall have primary responsibility
for providing all.1ega1 services contemplated under this agreement.
California Counsel shall assist Lead Counsel in the provision
of legal services to the City and provide local counsel services
to Lead Counsel.
5. In consideration of the services to be rendered,
the City shall pay the Attorneys compensation as follows:
a) Lead Counsel:
Partners:
Associates:
$95.00 /hour
$70.00 /hour
b) California Counsel:
Partners
Associates:
$125.00 /hour
$80.00 /hour
c) Compensation for the time of law clerks and/
or paralegals shall not exceed $40.00 /hour.
Reasonable adjustments to the foregoing rate schedule shall be
made on the first and each subsequent anniversary date of this
agreement.
6. The Attorneys shall be reimbursed by the City for
reasonable and necessary expenses incurred in the course of pro-
viding legal services hereunder, including travel expenses, car
-2-
ATTORNEY CONTRACT
By the CITY CO ,v�„,L
CITY OF NEWPORT BE,gCIy
0
AGENDA ITEM F2(h)
T4IS AGREEMENT is made and entered into this (-,7,) h day
of March, 1981 by and between the CITY OF NEWPORT BEACH,
CALIFORNIA (hereafter the "City ") and the law firms of LUEBBEN,
HUGHES & KELLY, 805 Tijeras, NW, Albuquerque, New Mexico 87102
(hereafter referred to as "Lead Counsel "), and BEARDSLEY,
HUFSTEDLER & KEMBLE, Suite 2220, Crocker Bank Plaza, 611 West
Sixth Street, Los Angeles, California 90017 (hereafter referred
to as "California Counsel "). As used herein, the term "the
Attorneys" shall refer to both firms together.
WITNESSETH:
1. Subject to and in consideration of the terms of
this agreement, the City hereby contracts with, retains and
employs the Attorneys for the provision of legal services, and
Attorneys hereby agree to perform such legal services.
2. Attorneys are appointed as special legal counsel
to the City, and, subject to the provision of paragraph 3, shall
appear as such before all federal and state courts, tribunals,
departments, and agencies in matters which affect the interests
of the City and arise out of the proposed expansion of John Wayne
Airport, shall provide legal advice and counsel to the City,
and shall initiate legal proceedings against Orange County and
other appropriate parties in connection with such expansion.
-1-
E-1
•
rentals, mileage for private automobile travel (not to exceed
current federal Internal Revenue Service rates), long distance
telephone calls, printing of documents, copying at the least
expensive reasonably available rate, postage and other out -of-
pocket expenses, plus all applicable gross receipts taxes. Lead
Counsel agrees that it will not charge the City for the first
$5000.00 of the round -trip airfare expenses between Albuquerque,
New Mexico and southern California, incurred in any calendar
year. Lead Counsel further agrees that it will charge the City
for only 50% of the actual cost of overnight accomodations and
business related meals while in southern California. The remain-
der will be absorbed by Lead Counsel.
7. Within ten days of the approval of this contract,
the City shall deliver to the Attorneys two retainers in the
amount of $10,000.00 each. One shall be made payable to Luebben,
Hughes & Kelly Attorney Trust Account; the other shall be made
payable to Beardsley, Hufstedler & Kemble Attorney Trust Account.
The retainers will be drawn upon to satisfy amounts billed by
the Attorneys for services under this contract, until exhausted.
8. Lead Counsel will submit to the City monthly a
bill for services rendered and expenses incurred by the Attorneys,
which bill shall specify separately the amounts due to California
Counsel and Lead Counsel. California Counsel will send its bill
to Lead Counsel to be forwarded to the City. Payment of such
bills shall be made by the City within 20 days of receipt thereof,
directly to each firm in the appropriate amounts as shown by
fftis
M
the bill. No payment shall be withheld on account of any ques-
tion or disagreement over particular charges (except that where
a mathematical error appears on the face of the bill, the City
shall pay the correct amount after consultation with Lead Coun-
sel), but any adjustments shall be reflected in the bill for
the month following.
9. This contract is not assignable in whole or in
part by the Attorneys.
10. This contract may be terminated by the City upon
30 days written notice to Lead Counsel, and in such event, the
Attorneys shall cooperate fully in transferring their files to
such other attorneys as the City shall designate. Lead Counsel
may terminate this contract upon 90 days written notice to the
City, but nothing herein shall excuse the Attorneys from their
professional obligation to ensure that the City's legal rights
are fully protected until substitute counsel is obtained. Calif-
ornia Counsel may withdraw from further represenation of the
City under this contract upon 90 days written notice to the City
and Lead Counsel, but such withdrawal shall not affect the con-
tinuing validity of this contract as between the City and Lead
Counsel. Upon notice of such withdrawal, the City and Lead
Counsel shall agree upon another firm as local counsel.
11. The attorneys shall provide the City with a writ-
ten status report at intervals of no less than sixty (60) days.
The status report shall advise the City of progress in connection
with the services,provided hereunder and of costs which the
-4-
i
Attorneys anticipate will be incurred during subsequent phases
of their work.
12. Subject to the approval of the City, the Attorneys
shall retain, on behalf of the City, the services of such experts
and others as are needed for the proper assertion of the City's
claims hereunder, and shall supervise and oversee the work of
all such persons. The Attorneys will also obtain approval of
the City for other major expenditures, where feasible.
13. Upon approval by the City, the effective date of
this contract is March 11, 1981. Unless terminated earlier by
the City or Lead Counsel, this contract shall remain in effect
for a period of three years.
THE FOREGOING is understood, accepted and agreed to by the
undersigned authorized representatives of the City, and the
Attorneys.
LUEBBEN, HUGHES & KELLY
805 Tijeras, NW
Albuquerque, NM 87102
JOHN J. KELLY
BEARDSLEY, HUFSTEDLER & KEMBLE
Suite 2220
Crocker Bank Plaza
611 West Sixth Street
Los Angeles, California 90017
BY
PIERCE 0 DONNELL
CITY OF NEWPORT BEACH
BY
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i
V
RESOLUTION N0, f0 0//
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING AN AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
BEARDSLEY, HUFSTEDLER & KEMBLE AND LUEBBEN,
HUGHES AND KELLY FOR LEGAL SERVICES IN REGARD
TO THE EXPANSION OF .JOHN WAYNE AIRPORT, AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE SAID AGREEMENT
WHEREAS, there has been presented to the City Council
of the City of Newport Beach an agreement between the City of
Newport Beach and Beardsley, Hufstedler & Kemble and Luebben,
Hughes and Kelly for performance of legal services for the City
of Newport Beach relative to expansion of John Wayne Airport;
and
WHEREAS, the City Council has reviewed the terms and
conditions of said agreement and finds them to be satisfactory
and that it would be in the best interests of the City to execute
said agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the agreement above - described is
approved and the Mayor and City Clerk are hereby authorized, I
directed to execute the same on behalf of the City of,X16port
Beach
ADOPTED this d3dday of GvtG 1981.
Mayor
ATTEST:
City Clerk
03/23/81
HRC /pr