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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. -1- 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 -2- 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 -5- 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