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HomeMy WebLinkAboutC-2331 - Agreement for Attorney Services, Airport LitigationAgenda Itef #:F -9c BY THE CITY COUNCIL CITY OF (VEWPORT BEACH MEMORANDUM FEB 8 1988 OFFICE OF THE CITY ATTORNEY ,�6L 4' February 8, 1988 TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: Change in Status of Special Airport Counsel The City of Newport Beach currently retains O'Donnell do Gordon to act as special airport counsel. O'Donnell do Gordon is retained by written contract which requires, among other things, a written estimate of the cost of legal services be submitted every two months. The most recent estimate is attached to this Memo and submitted for your approval. The law firm of O'Donnell & Gordon has dissolved with Pierce and others joining Kaye, Scholer, a large New York law firm with a new Los Angeles office. Steve Pflaum and Jo Powe, the attorneys who have done all of the airport related work in the last two years, will not be members of the new firm. Jo Powe has formed her own firm and Steve Pflaum will probably become a principal in a Chicago law firm. Steve and Jo are keenly interested in continuing to act as special airport counsel for the City of Newport Beach. Their work is outstanding and they have developed considerable expertise in aviation and airport law. Steve and Jo are easy to work with and scrupulously honest. I have recommended both to persons seeking legal assistance in airport and environmental matters. I have discussed this with Pierce and he supports retention of Steve and to Jo as special airport counsel. I recommend the City of Newport Beach authorize this office to notify Pierce O'Donnell of its intention to terminate the contract between the City of Newport Beach and O'Donnell & Gordon. I also recommend the City ask Jo Powe and Steve Pflaum to submit proposed retainer agreements for review and consideration by the City Council. Finally, I recommend approval of the most recent estimate of legal fees. R bert H. Burnham City Attorney RHB /jc Attachment STEVEN F. PFLAUM Attorney at Law 135 South LaSalle Street Suite 1420 Chicago, Illinois 60603 (312) 641 -0071 �Q`�P� \F• , Fax No. (312) 641 -1930 January 12, 1988 Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 Re: Estimate for Legal Services for Two -Month Period January 1, 1988, through February 28, 1988 Dear Bob: I am furnishing the required estimate for legal services for the two -month period between January 1, 1988, through February 28, 1988. In preparing this estimate, I have assumed that we will file suit on the Irvine General Plan dispute during the month of February and that Jo and I will be working together on that matter. Although Jo is now with her own firm and will bill you separately for her time, I have included her fees in this estimate. 1. Implementation and Protection of Settlement Agreement Steven F. Pflaum 2 hours 250.00 Josephine E. Powe 2 hours 250.00 Contingency 10 hours 1,250.00 Expenses 50.00 TOTAL $1,800.00 2. Irvine General Plan Litigation Steven F. Pflaum 35 hours $ 4,375.00 Josephine E. Powe 40 hours 5,000.00 Paralegal 10 hours 550.00 Contingency 25 hours 3,125.00 Expenses 300.00 TOTAL $13,350.00 3 BY THE CITY COUNCIL CITY OF NEWPORT BEACH Nav 2 3 WT �� 6FICE OF THE CITY ATTORNEY i November 23, 1987 TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney r -9 h c' - 2.33/ RE: O'Donnell do Gordon - Estimate for Legal Services November 1, 1987 through December 31, 1987 O'Donnell & Gordon has submitted an estimate of the cost of legal services they expect to perform from November 1, 1987 through December 31, 1987. (See attached). I have reviewed the Memo and recommend Council's approval. Recommendation: It is recommended that the City Council approve the est imate. Robter't H. Burnham City Attorney RHB /jc Attachment STEVEN E PFLAUM PARTNER November 2, 1987 LAW OFFICES O'DONNELL 8 GORDON A PARTNERSHIP IWWDING VROfi3510NAL CORPORATIONS 135 S. LASALLE STREET SUITE 1420 CHICAGO, ILLINOIS 60603 (312) 641 -0071 FAX NO. (312) 641 -1930 Robert H. Burnham, Esq. ?: City Attorney J City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 Re: Dear Bob: Cllr uF s Gdi,it. N L05 ANGELES OFFICE ONE BUNKER HILL 601 WEST FIFTH STREET SUITE 1200 LOS ANGELES, CA 90017 (213) 688 -1566 Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between November 1, 1987, through December 31, 1987. This estimate is based upon anticipated developments in the airport litigation. The following hourly rates are used in the estimate: Pierce O'Donnell (Senior Partner) ($150), Cruz Reynoso (Senior of Counsel) ($150), Steven Pflaum (Partner) ($125), Josephine Powe (Partner) ($105), Judith Resnik (Consultant) ($125), and Paralegal ($55). 1. Imalementation of Settlement Agreement Pierce O'Donnell 0 hours $ -0- Steven F. Pflaum 4 hours 500.00 Judith Resnik 0 hours -0- Josephine Powe 2 hours 250.00 Paralegal 0 hours -0- Contingency 10 hours 1,250.00 Expenses — n- 100.00 TOTAL ;' �, , � \, $2,100.00 ! • Robert H. Burnham, Esq. City Attorney City of Newport Beach November 2, 1987 Page 2 2. Non - Litigation Advice and Miscellaneous Matters Pierce O'Donnell 0 hours $ -0- Steven F. Pflaum 1 hour 125.00 Josephine Powe 0 hours -0- Paralegal 0 hours -0- Contingency 5 hours 625.00 Expenses 100.00 TOTAL $ 850.00 GRAND TOTAL $2,950.00 The foregoing is my best estimate of legal services for the two - month period. The estimate is subject to uncertainty relating to the difficulty of predicting the timing of the upcoming assignment from Ken Delino regarding anticipating possible legal challenges to our strategy for developing an additional site. As required in the Agreement for Attorney Services, if unexpected events occur that require us to devote more time to this matter than we had projected, we will notify you of that fact and submit a revised estimate if you deem it appropriate or necessary to do so. We consider it a privilege to represent the City. Please let me know if you have any questions about this estimate. Sincerely, STEVEN F ✓ PFLAUM SFP:gr r Agenda Item No. F-9 e OFFICE OF THE CITY ATTORNEY September 14, 1987 TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: O'Donnell do Gordon - Estimate for Legal Services September 1, 1987 through October 31, 1987 O'Donnell do Gordon has submitted an estimate of the cost of legal services they expect to perform from September 1, I987 through October 31, 1987. (See attached). I have reviewed the Memo and recommend Council's approval. Recommendation: It is recommended that estimate. RHB /jc Attachment the Ci +v Council approve the Robert H." Burnham City Attorney BY THE CITY COUNCIL CITY OF NEWPORT BEACH SEP 14 19S 0 STEVEN F. PFLAUM PARTNER September 1, 1987 LAW OFFICES O'DONNELL 8 GORDON A PMTNERSHIP IWWOING flIOHSSIONM C KM"TIONS 135 5. LASALLE STREET SUITE 1420 CHICAGO, ILLINOIS 60603 (312) 641-0071 FAX NO. (312) 641 -1930 Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 0 LOS ANGELES OFFICE ONE BUNKER HILL 601 WEST FIFTH STREET SUITE 1200 LOS ANGELES, CA 90017 (213) 686 -IS66 = •:. , t� „fir.' .,� CISY Of Re: Estimate for Legal Services for Two -Month Period September 1. 1987, through October 31, 1987 Dear Bob: Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between September 1, 1987, through October 31, 1987. This estimate is based upon anticipated developments in the airport litigation. The following hourly rates are used in the estimate: Pierce O'Donnell (Senior Partner) ($150), Cruz Reynoso (Senior of Counsel) ($150), Steven Pflaum (Partner) ($125), Judith Resnik (Consultant) ($125), Josephine Powe (Associate) ($105), and Paralegal ($55). 1. Final Disposition of EIR 232 Litiaation Pierce O'Donnell 0 hours $ -0- Steven Pflaum 0 hours -0- Josephine Powe 0 hours -0- Paralegal 0 hours -0- Contingency 3 hours 315.00 Expenses 50.00 TOTAL $ 365.00 .d- 0 Robert H. Burnham, Esq. City Attorney City of Newport Beach September 1, 1987 Page 2 1] 2. Settlement AQreemen__t /edl Court Litigation Pierce O'Donnell 0 hours $ -0- Steven F. Pflaum 2 hours 250.00 Judith Resnik 0 hours -0- Josephine Powe 3 hours 315.00 Paralegal 0 hours -0- Contingency 10 hours 1,050.00 Expenses Expenses 100.00 TOTAL $ 1,715.00 3. Non - Litigation Advi and Miscellaneous Matter Pierce O'Donnell 0 hours $ -0- Steven Pflaum 1 hour 125.00 Josephine Powe 0 hours -0- Paralegal 0 hours -0- Contingency 5 hours 525.00 Expenses 100.00 TOTAL $ 750.00 GRAND TOTAL $ 2,830.00 The foregoing is my best estimate of legal services for the two -month period. The estimate is subject to uncertainty relating to the difficulty of predicting the amount of activity in the federal court Access Plan litigation and the timing of the upcoming assignment from Ken Delino regarding anticipating possible legal challenges to our strategy for developing an additional site. The estimate also assumes that the issue regarding a separate air cargo building at JWA will not require much of our time. As required in the Agreement for Attorney Services, if unexpected events occur that require us to devote more time to this matter than we had projected, we will notify you of that fact and submit a revised estimate if you deem it appropriate or necessary to do so. Robert H. Burnham, Esq. City Attorney City of Newport Beach September 1, 1987 Page 3 We consider it a privilege to represent the City. Please let me know if you have any questions about this estimate. Sincerely, SFP:gr • Agenda Item No. F -9(a) MEMORANDUM OFFICE OF THE CITY ATTORNEY July 27, 1987 TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: O'Donnell & Gordon - Estimate for Legal Services July 1, 1987 through August 31, 1987 O'Donnell & Gordon has submitted an estimate of the cost of legal services they expect to perform from July 1, 1987 through August 31, 1987. (See attached). I have reviewed the Memo and recommend Council's approval. Recommendation: It is recommended that the City Council approve the estimate. '; Robert H. Burnham City Attorney RHB /jc Attachment BY THE CITY COUNCIL CITY OF NEWPORT BEACH JUL 2 7 1987 %L ?" STEVEN F PFLAUM PARTNER July 2, 1987 Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 Re: Estimate for Legal Services for Two -Month Period July 1, 1987, through August 31, 1987 Dear Bob: Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between July 1, 1987 through August 31, 1987. This estimate is based upon anticipated developments in the airport litigation. The following hourly rates are used in the estimate: Pierce O'Donnell (Senior Partner) ($150), Cruz Reynoso (Senior of Counsel) ($150), Steven Pflaum (Partner) ($125), Judith Resnik (Consultant) ($125), Josephine Powe (Associate) ($105), and Paralegal ($55). 1. Final Disposition of EIR 232 Litigation LAW OFFICES O'DONNELL & CORDON TYATTO,fEY A PAKTNEILSHIP INCLUDING PWFMIOML COKMMTIONS V 11 0 JG 135 5. LA SALLE STREET CITVY p9°s Ar (-N SUITE 1420 CHICAGO, ILLINOIS 60603 pCgT wwE�IyyE Josephine Powe CA((E, �ulw; (312) 641 -0071 -0- FAX NO. (312) 641 -1930 r Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 Re: Estimate for Legal Services for Two -Month Period July 1, 1987, through August 31, 1987 Dear Bob: Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between July 1, 1987 through August 31, 1987. This estimate is based upon anticipated developments in the airport litigation. The following hourly rates are used in the estimate: Pierce O'Donnell (Senior Partner) ($150), Cruz Reynoso (Senior of Counsel) ($150), Steven Pflaum (Partner) ($125), Judith Resnik (Consultant) ($125), Josephine Powe (Associate) ($105), and Paralegal ($55). 1. Final Disposition of EIR 232 Litigation Pierce O'Donnell 0 hours $ -0- Steven Pflaum 0 hours -0- Josephine Powe 0 hours -0- Paralegal 0 hours -0- Contingency 3 hours 315.00 Expenses 50.00 TOTAL $ 365.00 CA 90017 0 0 Robert H. Burnham, Esq. City Attorney City of Newport Beach July 2, 1987 Page 2 2. Settlement Agreement /Federal Court Litimation Pierce O'Donnell 0 hours $ -0- Steven F. Pflaum 2 hours 250.00 Judith Resnik 0 hours -0- Josephine Powe 3 hours 315.00 Paralegal 0 hours -0- Contingency 10 hours 1,050.00 Expenses 100.00 TOTAL $ 1,715.00 3. Non - Litigation Advice and Miscellaneous Matters Pierce O'Donnell 0 hours $ -0- Steven Pflaum 1 hour 125.00 Josephine Powe 0 hours -0- Paralegal 0 hours -0- Contingency 5 hours 525.00 Expenses 100.00 TOTAL $ 750.00 GRAND TOTAL $ 2,830.00 The foregoing is my best estimate of legal services for the two -month period. The estimate is subject to uncertainty relating to the difficulty of predicting the amount of activity in the federal court Access Plan litigation and the timing of the upcoming assignment from Ken Delino regarding anticipating possible legal challenges to our strategy for developing an additional site. As required in the Agreement for Attorney Services, if unexpected events occur that require us to devote more time to this matter than we had projected, we will notify you of that fact and submit a revised estimate if you deem it appropriate or necessary to do so. Robert H. Burnham, Esq. City Attorney City of Newport Beach July 2, 1487 Page 3 We consider it a privilege to represent the City. Please let me know if you have any questions about this estimate. Sincerely V ' SFP;gr B iii t' C;Ti' 9Crul J?.0 Agenda Item No. F -9 -(a) G —Z3j 04AY 2 6 1987 MEMORANDUM i OFFICE OF THE CITY ATTORNEY May 6, 1987 TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: O'Donnell do Gordon - Estimate for Legal Services May 1, 1987 through June 30, 1987 O'Donnell do Gordon has submitted an estimate of the cost of legal services they expect to perform from May 1, 1987 through June 30, 1987. (See attached). I have reviewed the Memo and recommend Council's approval. Recommendation: It is recommended that the City Council approve the estimate. i �1Ly ri<<vruey RHB /jc Attachment (1 Ji STEVEN F. PFLAUM PARTNER April 30, 1987 0 0 LAW OFFICES O'DONNELL & GORDON A PARTNERSN INCLUDING PROFESSIONAL CDR MUONS 208 S. LASALLE STREET SUITE 2000 CHICAGO, ILLINOIS 60604 (312) 641.0071 ZAPMAIL NO.: (312) 977 -0722 Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 LOS ANGELES OFFICE ONE BUNKER HILL 601 WEST FIFTH STREET SUITE 1200 LOS ANGELES, CA 90017 (213) 688 -1566 -/Y % %, G%'%' .gA Re: Estimate for Legal Services for Two -Month Period May 1, 1987, through June 30, 1987 Dear Bob: Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between May 1, 1987 through June 30, 1987. This estimate is based upon anticipated developments in the airport litigation. The following hourly rates are used in the estimate: Pierce O'Donnell (Senior Partner) ($150), Cruz Reynoso (Senior of Counsel) ($150), Steven Pflaum (Partner) ($125), Judith Resnik (Consultant) ($125), Chris Caldwell and Mary Newcombe (Associates) ($105), and Paralegal ($55), 1. Final Disposition of EIR 232 Litigation Pierce O'Donnell 0 hours $ -0- Steven Pflaum 0 hours -0- Chris Caldwell 0 hours -0- Paralegal 0 hours -0- Contingency 5 hours 525.00 Expenses 100.00 TOTAL � L $ 625.00 0 0 Robert H. Burnham, Esq. City Attorney City of Newport Beach April 30, 1987 Page 2 2. Settlement Agreement /Federal Court Litigation Pierce O'Donnell 0 hours $ -0- Steven F. Pflaum 2 hours 250.00 Judith Resnik 0 hours -0- Chris Caldwell 3 hours 315.00 Paralegal 0 hours -0- Contingency 20 hours 2,100.00 Expenses 200.00 TOTAL $ 2,865.00 3. Non - Litigation Advice and Miscellaneous Matters Pierce O'Donnell 0 hours $ -0- Steven Pflaum 1 hour 125.00 Chris Caldwell 0 hours -0- Paralegal 0 hours -0- Contingency 5 hours 525.00 Expenses 100.00 TOTAL $ 750.00 GRAND TOTAL $ 4,240.00 The foregoing is my best estimate of legal services for the two -month period. The estimate is subject to uncertainty relating to the difficulty of predicting the amount of activity in the federal court Access Plan litigation. As required in the Agreement for Attorney Services, if unexpected events occur that require us to devote more time to this matter than we had projected, we will notify you of that fact and submit a revised estimate if you deem it appropriate or necessary to do so. Robert H. Burnham, Esq. City Attorney City of Newport Beach April 30, 1987 Page 3 We consider it a privilege to represent the City. Please let me know if you have any questions about this estimate. Sinc ely, EVEN P LAUM SFP:gr BY THE C Ir C60NCIL CITY COUNCIL AGENDA CITY OF NEWPORT BEACH ITEM NO. F -9(a) APR 13 o9 7 MEMORANDUM �77 OFFICE OF THE CITY ATTORNEY April 7, I987 TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: O'Donnell do Gordon - Estimate for Legal Services March 1, 1987 through April 30, 1987 �oj C —z33/ O'Donnell & Gordon has submitted an estimate of the cost of legal services they expect to perform from March 1, 1987 through April 30, 1987. (See attached). I have reviewed the Memo and recommend Council's approval. Recommendation: It is recomended that the City Council approve the estimate. m obert H.VBurnham ity Attorney RHB /jc Attachment STEVEN F. PFLAUM PARTNER March 2, 1987 Fj LAW OFFICES O'DONNELL & GORDON A PApTNE ➢JC111dM6 MlOfF55UNAL CORMJRA3lOMS 208 S. LASALLE STREET SUITE 2000 CHICAGO, ILLINOIS 60604 (312) 641.0071 ZAPMAIL NO.: (312) 977 -0722 Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 Re: Dear Bob: 0 LAS ANGELES OMCE ONE BUNKER HILL 601 WEST F FM STREET SUITE 1200 LOS ANGELES, CA 90017 (213) 6861565 „EGEId ED CItY �tt04Lt�fl . CITIOFc�CH,,,((�� � G.ittF- Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between March 1, 1987 through April 30, 1987. This estimate is based upon anticipated developments in the airport litigation. The following hourly rates are used in the estimate: Pierce O'Donnell (Senior Partner) ($150), Cruz Reynoso (Senior of Counsel) ($150), Steven Pflaum (Partner)($125), Judith Resnik (Consultant) ($125), Chris Caldwell and Mary Newcombe (Associates) ($105), and Paralegal ($55). 1. Final Disposition of EIR 232 Litigation Pierce O'Donnell 0 hours $ -0- Steven Pflaum 0 hours -0- Chris Caldwell 0 hours -0- Paralegal 0 hours -0- Contingency 5 hours 525.00 Expenses TOTAL MA $ 625.00 9 Robert H. Burnham, Esq. City Attorney City of Newport Beach March 2, 1487 Page 2 0 2. Settlement Agreement /Federal Court Litiaati Cruz Reynoso 2 hours $ 300.00 Pierce O'Donnell 1 hour 150.00 Steven F. Pflaum 15 hours 1,875.00 Judith Resnik 4 hours 500.00 Mary Newcombe 6 hours 630.00 Paralegal 8 hours 440.00 Contingency 30 hours 3,150.00 Expenses 1.600.00 TOTAL $ 8,645.00 Pierce O'Donnell Steven Pflaum Chris Caldwell Paralegal Contingency Expenses TOTAL GRAND TOTAL 0 hours $ -0- 1 hour 125.00 0 hours -0- 0 hours -0- 5 hours 525.00 100.00 $ 750.00 $10,020.00 The foregoing is my best estimate of legal services for the two -month period. The estimate is subject to uncertainty relating to the difficulty of predicting the amount of activity in the federal court Access Plan litigation and the Supreme Court writ proceedings. As required in the Agreement for Attorney Services, if unexpected events occur that require us to devote more time to this matter than we had projected, we will immediately notify you of that fact and submit a revised estimate if you deem it appropriate or necessary to do so. Robert H. Burnham, Esq. City Attorney City of Newport Beach March 2, 1987 Page 3 We consider it a privilege to represent the City. Please let me know if you have any questions about this estimate. Sincerely, TEVEN P LAUM SFP:gr TO: FROM: RE: Agenda Item a's UJIV 611'r MEMORANDUM OFFICE OF THE CITY ATTORNEY January 5, 1987 JAN 12u; Honorable Mayor and Members of the City Council Robert H. Burnham, City Attorney O'Donnell & Gordon - Estimate for Legal Services January 1, 1987 through February 28, 1987 o,0 mss- sc_Gc� .1,r C -z33/ O'Donnell & Gordon has submitted an estimate of the cost of legal services they expect to perform from January 1, 1987 through February 28, 1987. (See attached). I have reviewed the Memo and recommend Council's approval. Reconrnendation: It is recommended that the City Council approve the estimate. i 5bert H. Burn ity Attorney RHB /jc Attachment STEVEN F. PFLAUM PARTNER January 2, 1987 0 LAW OFFICES O'DONNELL & GORDON A PARTNERSHIP NCLMNG PROFESSIONAL CbRPORATIONS 208 S. LASALLE STREET SUITE 2000 CHICAGO, ILLINOIS 60604 (312) 641 -0071 ZAPMAIL NO.: (312) 977 -0722 Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 LOS ANGELES OFFICE ONE BUNKER HILL 601 WEST FIFTH STREET SUITE 1200 LOS ANGELES, CA 90017 (213) 688 -1566 Re: Estimate for Leaal Services for Two -Month Period January 1, 1987 through February 28, 1987 Dear Bob: Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between January 1, 1987 through February 28, 1987. This estimate is based upon anticipated developments in the airport litigation. The following contract hourly rates are used in the estimate: Pierce O'Donnell (Senior Partner) ($150), Steven Pflaum (Partner)($125), Judith Resnik (Consultant) ($125), Josephine Powe (Associate) ($105), and Paralegal ($55). 1. Final Disposition of EIR 232 Litigation Pierce O'Donnell 0 hours $ -0- Steven Pflaum 0 hours -0- Josephine Powe 0 hours -0- Paralegal 0 hours -0- Contingency 5 hours 525.00 Expenses 100.00 TOTAL $ 625.00 n L Robert H. Burnham, Esq. City Attorney City of Newport Beach January 2, 1987 Page 2 0 2. Settlement Agreement /Federal Court Litigation Pierce O'Donnell 2 hours $ 300.00 Steven F. Pflaum 15 hours 1,875.00 Judith Resnik 2 hours 250.00 Josephine Powe 20 hours 2,100.00 Paralegal 2 hours 110.00 Contingency 50 hours 5,250.00 Expenses 250.00 TOTAL $10,135.00 3. Non - Litigation Advice and Miscellaneous Matters Pierce O'Donnell 0 hours $ -0- Steven Pflaum 1 hour 125.00 Josephine Powe 0 hours -0- Paralegal 0 hours -0- Contingency 5 hours 525.00 Expenses 100.00 TOTAL $ 750.00 GRAND TOTAL $11,510.00 The foregoing is my best estimate of legal services for the two -month period. The estimate is subject to uncertainty relating to the difficulty of predicting the amount of activity in the federal court Access Plan litigation. As required in the Agreement for Attorney Services, if unexpected events occur that require us to devote more time to this matter than we had projected, we will immediately notify you and submit a revised estimate for your approval. Robert H. Burnham, Esq. City Attorney City of Newport Beach January 2, 1987 Page 3 We consider it a privilege to represent the City. Please let me know if you have any questions about this estimate. Sinq$ ely, STEVEN SFP:gr r F -9(a) BY THE CIff COUNCIL CITY OF NEWPORT BEACH MEMORANDUM - NOV 2¢ OFFICE OF THE CITY ATTORNEY c / November 17, 1986 TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: O'Donnell & Gordon - Estimate for Legal Services November 1, 1986 through December 31, 1986 O'Donnell & Gordon has submitted an estimate of the cost of legal services they expect to perform from November 1, 1986 through December 31, 1986. (See attached). The total fees for the month of October, 1986 totalled $751.42. I have reviewed the Memo and recommend Council's approval. Recommendation: It is recommended that the City Council approve the estimate. ert H. Burnham City Attorney RHBJjc Attachment • LAW OFFICES O'DONNELL & GORDON A PARTNF HM NCLUOING PROFESSIONAL CORPOMMNS STEVEN F. PFLAUM 208 S. LASALLE STREET PARTNER SUITE 2000 CHICAGO, ILLINOIS 60604 (312) 641 -0071 ZAPMAIL NO.: (312) 977.0722 October 30, 1986 Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 • LOS ANGELES OFFICE ONE BUNKER HILL 601 WEST FIFTH STREET SUITE 1200 LOS ANGELES, CA 90017 (213) 688 -1566 _ R ef\ `1..1 1 a ul� Re: Estimate for Legal Services for Two -Month Period (November 1, 1986 - December 31, 1986)1, 1986 - December 31, 1986) Dear Bob: Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period from November 1, 1986, through December 31, 1986, This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell (Senior Partner) ($150), Steven Pflaum (Partner) ($125), Judith Resnik (Consultant) ($125), Josephine Powe (Associate) ($105), and Paralegal ($55). 1. Final Dspositio_n__of EIR 232 Litigation Pierce O'Donnell 0 hours $ -0- Steven Pflaum 0 hours -0- Josephine Powe 0 hours -0- Paralegal 0 hours -0- Contingency 5 hours 525.00 Expenses 100.00 TOTAL 2. $ 625.00 Robert H. Burnham, Esq. City Attorney City of Newport Beach October 30, 1986 Page 3 we consider it a privilege to represent the City. Please let me know if you have any questions about this estimate. Sin rely, T VEN AFLAUM SFP:gr Y BY THE CITY COUNCIL CITY OF NEWPORT BEACH . MEMORANDUM OCT 2 7 1986 OFFICE OF THE CITY ATTORNEY • October 17, 1986 e -a.33/ TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: O'Donnell do Gordon - Estimate for Legal Services September 1, 1986 through October 31, 1986 O'Donnell & Gordon has submitted an estimate of the cost of legal services they expect to perform from September 1, 1986 through October 31, 1986. (See attached). The total fees for the past two month period have totalled $7,335.87. I have reviewed the Memo and recommend Council's approval. Recommendation: It is recommended that the City Council approve the estimate. R ert H. Burnham City Attorney RHB /jc Attachment September 2, 1986 �CtTr„jjRR�YfY \�NfWPUF,T Of rg8s Robert H. Burnham, Esq. E e- City Attorney City of Newport Beach 3300 Newport Boulevard \ Post Office Boa 1768 Newport Beach, California 92658 -8915 Re: • Dear Bob: • Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period from September 1, 1986, through October 31, 1986. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell (Senior Partner) ($150), Steven Pflaum (Partner) ($125), Judith Resnik (Consultant) ($125), Josephine Powe (Associate) ($105), and Paralegal ($55). 1. Final Disposition of EIR 232 Litigation LAW OFFICES 0 O'DONNELL & GORDON Steven Pflaum 0 A PAR'INpt51i@ PJCLU G M0P 10N CORPORA 15 -0- F. PPLAUM 208 S. LAS STREET Los .OLIVES OFFICE -0- SUITE TE 468 619 S. STREET hours -0- 300 SUITE 300 5 CHICAGO, ILLINOIS 60604 LOS ANGELES, CA 90014 Expenses (312) 641 -0071 (213) 6WI566 100.00 ZAPNWL NO.: (312) 977.722 FILE NO. September 2, 1986 �CtTr„jjRR�YfY \�NfWPUF,T Of rg8s Robert H. Burnham, Esq. E e- City Attorney City of Newport Beach 3300 Newport Boulevard \ Post Office Boa 1768 Newport Beach, California 92658 -8915 Re: • Dear Bob: • Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period from September 1, 1986, through October 31, 1986. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell (Senior Partner) ($150), Steven Pflaum (Partner) ($125), Judith Resnik (Consultant) ($125), Josephine Powe (Associate) ($105), and Paralegal ($55). 1. Final Disposition of EIR 232 Litigation Pierce O'Donnell 0 hours $ -0- Steven Pflaum 0 hours -0- Josephine Powe 0 hours -0- Paralegal 0 hours -0- Contingency 5 hours 525.00 Expenses 100.00 TOTAL $ 625.00 . i • Robert H. Burnham, Esq. City Attorney City of Newport Beach . September 2, 1986 Page 2 2. Settlement Agreement /Federal court Litigation Pierce O'Donnell 5 hours $ 750.00 Steven F. Pflaum 30 hours 3,750.00 Judith Resnik 5 hours 625.00 Josephine Powe 70 hours 7,350.00 Paralegal 5 hours 275.00 Contingency 30 hours 3,150.00 Expenses 11000.00 TOTAL $16,900.00 3. Non - Litigation Advice and Miscellaneous Matters Pierce O'Donnell 0 hours $ -0- • Steven Pflaum Josephine Powe 7 2 hours hours 875.00 210.00 Paralegal 0 hours -0- Contingency 20 hours 2,100.00 Expenses 100.00 TOTAL $ 3,285.00 GRAND TOTAL $20,810.00 The foregoing is my best estimate of legal services for the two -month period. The estimate is subject to uncertainty relating to the difficulty of predicting the amount of activity in the federal court Access Plan litigation and the extent of our involvement (if any) in the effort to develop an additional airport in Orange County. As required in the Agreement for Attorney Services, if unexpected events occur that require us to devote more time to this matter than we had projected, we will immediately notify you and submit a revised estimate for your approval. 5 Robert H. Burnham, Esq. City Attorney City of Newport Beach September 2, 1986 Page 3 We consider it a privilege to represent the City. Please let me know if you have any questions about this estimate. F SFP:gr • 4 00 C- 233 / Agenda Item F9(d) K THE 69 r wnm CITY Of RE-WFORT BEACH MEMORANDUM OFFICE OF THE CITY ATTORNEY JUL 14 19* July 7, 1986 TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: Estimate for Legal Services July 1, 1986 through August 31, 1986 O'Donnell & Gordon has submitted an estimate of the cost of legal services they expect to perform from July 1, 1986 through August 31, 1986. (See attached). I have reviewed the Memo and recommend Council's approval. Recoranendation: It is recommended that the City Council approve the estimate. o ert H. Burnham City Attorney RHB /jc Attachment STEVEN F. PFLAUM PARTNER June 26, 1986 • LAW OFFICES • O'DONNELL & GORDON A PA&� pld.UpWG PAOPPSSIONAL OJRPOPA s 208 S. LASALLE STREET SUITE 468 CHICAGO, ILLINOIS 60604 (312) 641 -0071 Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Bog 1768 Newport Beach, California 92658 -8915 LOS ANGELES OFFICE 619 S. OLIVE STREET' SOME 300 LOS ANGELES, CA 90014 (213) 688.1566 FILE NO —' c J��E► or i /5 Cat IF, Re: Estimate for Legal Services for Two -Month Period (July 1, 1986 - August 31, 1986) Dear Bob: Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period from July 1, 1986 through August 31, 1986. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell (Senior Partner) ($150), Steven Pflaum (Partner) ($125), Judith Resnik (Consultant) ($125), Josephine Powe and Mary Newcombe (Associates) ($105), and Paralegal ($55). 1. Final Disposition of EIR_232 Litigation Pierce O'Donnell 0 hours $ -0- Steven Pflaum 1 hour 125.00 Josephine Powe /Mary Newcombe 1 hour 105.00 Paralegal 0 hours -0- Contingency 5 hours 525.00 Expenses 100.00 TOTAL $ 855.00: z 3 Robert H. Burnham, Esq. City Attorney City of Newport Beach June 26,' 1986 Page 2 2. Settlement Agreement /Federal Court Litigation Pierce O'Donnell Steven F. Pflaum Judith Resnik Josephine Powe /Mary Newcombe Paralegal Contingency Expenses TOTAL 10 hours $ 1,500.00 30 hours 3,750.00 12 hours 1,500.00 60 hours 6,300.00 5 hours 275.00 30 hours 3,150.00 1,000.00 3. Non - Litigation Advice and Miscellaneous Matters Pierce O'Donnell Steven Pflaum Josephine Powe /Mary Newcombe Paralegal Contingency Expenses TOTAL GRAND TOTAL $17,475.00 1 hour $ 150.00 7 hours 875.00 5 hours 525.00 2 hours 110.00 20 hours 2,100.00 300.00 $ 4,060.00 $22,390.00 The foregoing is my best estimate of legal services for the two -month period. The estimate is subject to uncertainty relating to the difficulty of predicting the amount of activity in the federal court Access Plan litigation and the extent of our involvement in the County's formulation of a new Access Plan. As required in the Agreement for Attorney Services, if unexpected events occur that require us to devote more time to this matter than we had projected, we will immediately notify you and submit a revised estimate for your approval. Y • Robert H. Burnham, Esq. City Attorney City of Newport Beach June 26,'1986 Page 3 We consider it a privilege to represent the City. Please let me know if you have any questions about this estimate. A y, . FL UM SFP:gr -1 � 0 BY ThE CiTY COUNCIL CITY OF NEWPORT BEACH JUN 9 1986 MEMORANDUM APPROVED OFFICE OF THE CITY ATTORNEY June 2, 1986 Agenda Item No. F -9(b) C -Z.33j TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: O'Donnell & Gordon - Estimate for Legal Services May 1, 1986 through June 30, 1986 O'Donnell & Gordon has submitted an estimate of the cost of legal services they expect to perform from May 1, 1986 through June 30, 1986. (See attached). I have reviewed the Memo and recommend Council's approval. The estimate is somewhat high due to the difficulty in predicting the amount of time that will be required to resolve issues that have arisen subsequent to the airport settlement agreement. Recommendation: It is recommended that estimate. RHB /jc Attachment the City Council approve the obert Burnham City Attorney STEVEN F. PFLAUM PARTNER April 30, 1986 • LAW OFFICES O'DONNELL & GORDON .. A PART� A'CLUL410 P&OFESSl01'1AL OoRPOR =NS 208 S. LASALLE STREET SUITE 468 CHICAGO, ILLINOIS 60604 (312) 641 -0071 Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 Re: Estimate for Legal Services for Two -Month Period (May 1. 1986 - June 30. 1986) Dear Bob: LOS ANGELES OFFICE 619 S. OLIVE MEET SUITE 300 LOS ANGELES, CA 90014 (M)68&4566 FILE NO. ltrl_4 C Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between May 1, 1986, and June 30, 1986. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell (Senior Partner) ($150), Steven Pflaum (Partner) ($125), Judith Resnik (Consultant) ($125), Josephine Powe and Mary Newcombe (Associates) ($105), and Paralegal ($55). i. Final DiSPOSition of EIR 232 Litigation Pierce O'Donnell 0 hours $ -0- Steven Pflaum 1 hour 125.00 Josephine Powe /Mary Newcombe 1 hour 105.00 Paralegal 0 hours -0- Contingency 5 hours 525.00 Expenses 100.00 TOTAL $ 855.00 Robert H. Burnham, Esq. City Attorney City of Newport Beach April 30, 1986 Page 2 2. Settlement Agreement /Federal Court Litigation Pierce O'Donnell 10 hours $ 1,500.00 Steven F. Pflaum 40 hours 5,000.00 Judith Resnik 2 hours 250.00 Josephine Powe /Mary Newcombe 40 hours 4,200.00 Paralegal 5 hours 275.00 Contingency 50 hours 5,250.00 Expenses. 1,250.00 TOTAL $17,725.00 3. Non - Litigation Advice and Miscellaneous Matters Pierce O'Donnell Steven Pflaum Josephine Powe /Mary Newcombe Paralegal Contingency Expenses TOTAL GRAND TOTAL 1 hour $ 10 hours 5 hours 2 hours 25 hours 150.00 1,250.00 525.00 110.00 2,625.00 500.00 $ 5,160.00 $23,740.00 The foregoing is my best estimate of legal services for the two -month period. The estimate is subject to uncertainty relating to the difficulty of predicting the amount of activity in the federal court Access Plan litigation and the extent of our involvement in the County's formulation of a new Access Plan. As required in the Agreement for Attorney Services, if unexpected events occur that require us to devote more time to this matter than we.had projected, we will immediately notify you and submit a revised estimate for your approval. 0 0 Robert H. Burnham,-Esq. City Attorney City of Newport Beach April 30, 1986 Page 3 We consider it a privilege to represent the City. Please let me know if you have any questions about this estimate. Sincg4ely, SFP:gr PFLAUM A • BY THE CITY COUNCIL CITY OF NEWPORT BEACH Agenda Item No. F -9(d) FEB 24 1986 MEMORANDUM OFFICE OF THE CITY ATTORNEY February 18, 1985 TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: O'Donnell & Gordon - Estimate for Legal Services February 1, 1986 through March 31, 1986 r 3�� C Z373 / O'Donnell & Gordon has submitted an estimate of the cost of legal services they expect to perform from February 1, 1986 through March 31, 1986. (See attached). I have reviewed the Memo and recommend Council's approval. The estimate is somewhat high due to the difficulty in predicting the amount of time that will be required to resolve issues that have arisen subsequent to the airport settlement agreement. Recommendation: It is recommended that the City Council approve the estimate, f �r obert H. Bur ham City Attorney RHB /jc Attachment STEVEN F. PFLAUM PARTNER January 30, 1986 0 LAW OFFICES O'DONNELL & GORDON A PAA'INFASHR PIO,U G PROPPSSIONA CORfO MNS 208 S. LASALLE STREET SUITE 468 CHICAGO, ILLINOIS 60604 (312) 641 -0071 Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 0 V 1` F�, 10� owe r t Re: Estimate for Legal Services for Two -Month Period (February 1, 1986 - March 31, 1986) Dear Bob: LOS ANGELES OFFICE 619 S. OLIVE STREET SUITE 300 LOS ANGELES, CA 90014 (213) 688 -1566 tkILE NO Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between February 1, 1986, and March 31, 1986. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell (Senior Partner) ($150), Steven Pflaum (Partner) ($125), Judith Resnik (Consultant) ($125), Josephine Powe and Mary Newcombe (Associates) ($105), and Paralegal ($55). 1. Final Disposition of EIR 232 Litigation Pierce O'Donnell 3 hours $ 450.00 Steven Pflaum 5 hours 625.00 Josephine Powe /Mary Newcombe 6 hours 630.00 Paralegal 2 hours 110.00 Contingency 5 hours 525.00 Expenses 100.00 TOTAL $2,440.00 0 0 Robert H. Burnham, Esq. City Attorney City of Newport Beach January 30, 1986 Page 2 2. EIR 508/1984 Master Plan /Access Plan /Settlement Pierce O'Donnell Steven F. Pflaum Judith Resnik Josephine Powe /Mary Newcombe Paralegal Contingency Expenses TOTAL 10 hours $ 1,500.00 40 hours 5,000.00 2 hours 250.00 40 hours 4,200.00 5 hours 275.00 50 hours 5,250.00 1.250.00 $17,725.00 3. Non - Litigation Advice and Miscellaneous Matters Pierce O'Donnell Steven Pflaum Josephine Powe /Mary Newcombe Paralegal Contingency Expenses TOTAL GRAND TOTAL 2 hours $ 300.00 12 hours 1,500.00 3 hours 315.00 2 hours 110.00 25 hours 2,625.00 500.00 $ 5,350.00 $25,515.00 The foregoing is my best estimate of legal services for the two -month period. The estimate is subject to uncertainty relating to the difficulty of predicting (1) the amount of activity in the federal court Access Plan litigation, (2) whether or not Judge Schwab will acquiesce to the Order entered by the Court of Appeal, (3) whether or not Irvine will file a new state court lawsuit challenging the settlement, (4) the possibility of U.S. Supreme Court proceedings concerning the Baker case, and (5) the possibility that serious problems will arise concerning the t Robert H. Burnham, Esq. • City Attorney City of Newport Beach January 30, 1986 Page 3 County's implementation of, or compliance with the settlement. As required in the Agreement for Attorney Services, if unexpected events occur that require us to devote more time to this matter than we had projected, we will immediately notify you and submit a revised estimate for your approval. We consider it a privilege to represent the City. If you have any questions, please do not hesitate to call either Pierce, Jo, or me. Sincerely, STEVEN F. FLAUM SFP:gr C OFFICE OF THE CITY ATTORNEY October 7, 1985 -�/ (e) BY THE CITY COUNCIL CITY Of NEWPORT BEACH OCT 15 j 11185 APPROVED TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: O'Donnell & Gordon - Estimate for Legal Services C-2331 October 1, 1985 through November 30, 1985 The O'Donnell & Gordon estimate of the cost of legal services they expect to perform from October 1, 1985 through November 30, 1985 is attached to this Memo. I have reviewed the Memo and recommend counsel's approval. The estimate is somewhat high due to the difficulty in predicting the amount of time that will be required to resolve issues that have arisen during the airport settlement process. Recommendation: It is recommended that he City Council approve the estimate. &Ovx v Robert H. Burnham City Attorney RHBJjc Attachment os) PIERCE O'DONNELL' JEFFREY S. GORDON' STEVEN F. PFLAUM GEORGE R. HEDGES ANNE B. ROSERT5 CAROL 5. LARSON CORNELIUS P. McCARTHY J05EPHINE E. POWE JAN B. NORMAN 'A PROFESSIONAL CORPORATION October 1, 1985 LAW OFFICES O'DONNELL €s CORDON A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 3319 SOUTH OLIVE. SUITE 300 LOS ANGELES. CALIFORNIA 90014 TELEPHONE (213) 688 -1566 TELEX 295357 POGO UR TELECOPIER 12131 68 &1152 Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92658 -8915 DENNIS E. CURTIS ALAN STAMM OF COUNSEL FILE NO: E' t A�j NIP Re: Estimate for Legal Services for Two -Month Period (October 1. 1985 - November 30, 1985) Dear Bob: Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between October 1, 1985 and November 30, 1985. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell (Senior Partner) ($150), Steven Pflaum (Partner) ($125), Judith Resnik (Consultant) ($125), Josephine Powe (Associate) ($105), Allan Ides (Of Counsel) ($105), Law Clerk ($75), and Paralegal ($55). 1. EIR 232 Appeal Pierce O'Donnell 0 hours $ 0.00 Steven Pflaum 1 hour 125.00 Allan Ides/ Josephine Powe 0 hours 0.00 Paralegal 0 hours 0.00 Contingency 5 hours 525.00 Expenses 200.00 TOTAL: $850.00 Robert H. Burnham, Esq. City Attorney October 1, 1985 Page 2 2. EIR 512 /injunction Enforcement Proceedings Pierce O'Donnell 0 hours $ 0.00 Steven Pflaum 1 hour 125.00 Allan Ides/ 2 hours 110.00 Josephine Powe 0 hours 0.00 Paralegal 0 hours 0.00 Contingency 5 hours 525.00 Expenses 200.00 TOTAL: $ 850.00 3. EIR 508/1984 Master Plan /Access Plan /Settlement Pierce O'Donnell Steven Pflaum Judith Resnik Allan Ides/ Josephine Powe Paralegal Contingency Expenses TOTAL 50 hours $7,500.00 200 hours 25,000.00 25 hours 3,125.00 250 hours 26,250.00 40 hours 2,200.00 100 hours 10,500.00 7,500.00 4. Non - Litigation Advice and Miscellaneous Matters Pierce O'Donnell Steven Pflaum Allan Ides/ Josephine Powe Paralegal Contingency Expenses TOTAL: GRAND TOTAL: $82,075.00 1 hour $ 150.00 10 hours 1,250.00 3 hours 315.00 2 hours 110.00 25 hours 2,625.00 250.00 $4,100.00 $ 87,875.00 The foregoing is my best estimate of legal services for the two - month period. Uncertainty concerning the ongoing settlement discussions, negotiations with the FAA and the City of Irvine, and the extent of future proceedings in federal and state court made it particularly difficult to formulate this estimate. As required in the Agreement for Attorney Services, if unexpected events occur, we will immediately notify you and submit a revised authorized estimate for your approval. Robert H. Burnham, Esq. City Attorney October 1, 1485 Page 3 We consider it a privilege to represent the City. If you have any questions, please do not hesitate to call either Pierce or me. Sincerely, TEVENPFLAUM SFP /3jr 0254S To: From: BY THE CITY COUNCIL CITY OF NEWPORT REACH MEMORANDUM AUG 121935 OFFICE OF THE CITY ATTORNEY July 24, 1985 Hon. Mayor & Members of the City Council Robert H. Burnham Re: Estimate for Legal Services - O'Donnell & Gordon Date : July 1, 1985 - August 31, 1985 O'Donnell & Gordon has submitted an estimate of the fees the City will incur between July 1st and August 31st, for airport related legal work. A copy of the estimate is attached and it is anticipated that $108,600.00 in expenses will be incurred. This office has reviewed the estimate provided by O'Donnell & Gordon and believes that it accurately reflects the legal work to be performed by that firm during the period referenced above. It is recommended that the Council approve the estimate submitted by O'Donnell & Gordon. ,�,kja,tA �� o ert H. Burnham City Attorney RHB /Is MMP 12 PIERCE O'DONNELL' JEFFREY S. GORDON' STEVEN F PFLAUM GEORGE R. HEDGES ANNE S. ROBERTS CAROL S. LARSON CORNELIUS P. McCARTHY JOSEPHINE E. POWE JAN B. NORMAN 'A PROFESSIONAL CORPORATION July 12, 1985 LAW OFFICES O- DONNELL Es CORD A PARIHERSNIP INCWOING PROFMIONAL CORMMnON 619 SOUTH OLIVE. SUITE 300 L05 ANGELES, CALIFORNIA 90014 TELEPHONE (2131688-1566 TELEX 295357 POGO UR TELECOPIER 12131 688 -1152 Robert H. Burnham, Esq.' City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach; California Re: Dear Bob: 92663 -3884 �ECEIVEO Clay ATTORNEY Jut 15 1985a Cfry OF mEw PORT BEACH, CALIF. J FILE NO: Two -Month Period 4NIS E. CURTIS ILAN STAMM OF COWNSCL Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between July 1, 1985 and August 31; 1985: This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell (Senior Partner) ($150), Steven Pflaum (Partner) ($125), Judith Resnik (Consultant) ($125), Josephine Powe (Associate) ($105); Allan Ides (Of Counsel) ($105), Law Clerk ($7S) and Paralegal ($55). 1. EIR 232 ADDeal Pierce O'Donnell 25 hours $ 3,750.00 Steven Pflaum 1S hours 1,875.00 Allan Ides/ Josephine Powe 15 hours 1,575.00 Paralegal 8 hours 440.00 Contingency 20 hours 2,100.00 Expenses 200.00 TOTAL: $9,940.00 0 0 Robert H. Burnham, Esq. City Attorney July 12, 1985 Page 2 2. EIR 512 /Injunction Enforcement Proceedings Pierce O'Donnell Steven Pflaum Allan Ides/ Josephine Powe Paralegal Contingency Expenses TOTAL: 2 hours $ 300:00 5 hours 625.00 5 hours 2 hours 15 hours 3: EIR 508/1984 Master Plan /Access Plan Pierce O'Donnell 50 hours Steven Pflaum 200 hours Judith Resnik 50 hours Allan Ides/ Josephine Powe 100 hours 21,000:00 Law Clerk 60 hours Paralegal 6S hours Contingency 100 hours Expenses TOTAL 4. Non -Liti ation Advice an Miscellaneous Matters Pierce O'Donnell I hour Steven Pflaum 10 hours Allan Ides/ Josephine Powe 3 hours Paralegal 2 hours Contingency 25 hours Expenses TOTAL: GRAND TOTAL: 525.00 110.00 2,625.00 50.00 $4,235:00 $7,500.00 25,000.00 6,250.00 4,500.00 3,575.00 10,500.00 12,000.00 $90,325.00 $ 150.00 1,150.00 315.00 110.00 2,625.00 250.00 $4,100.00 $108,600.00 saaaaosocos The foregoing is my best estimate of legal services for the two - month period. Uncertainty concerning the ongoing settlement discussions and the extent of any future proceedings in federal and state court made it particularly difficult to formulate this estimate. i Robert H. Burnham, Esq. City Attorney July 12, 1985 Page 3 As required in the Agreement for Attorney Services, if unexpected events occur, we will immediately notify you and submit a revised authorized estimate for your approval. We consider it a privilege to represent the City. If you have any questions, please do not hesitate to call either Pierce or me. Best egards, TEVEN F. LAUM SFP /jr 0254S I ' BY THE CITY CUNCIL CITY OF NEWPORT BEAC4 MEMORANDUM MAY 2 81 °35 OFFICE OF THE CITY ATTORNEY May 20, 1985 Agenda Item No. F -9(c) To: Hon. Mayor & Members of the City Council From: Robert H. Burnham - City Attorney Re: Estimate for Legal Services - O'Donnell & Gordon Date: May 1, 1985 - June 30, 1985 O'Donnell and Gordon has submitted an estimate of the fees the City will incur between May 1st and June 30th, for airport related legal work. A copy of the estimate is attached and it is anticipated that $116,510.00 in expenses will be incurred. This office has reviewed the estimate provided by O'Donnell and Gordon and believes that it accurately reflects the legal work to be performed by that firm during the period referenced above. It is recommended that the Council approve the estimate submitted by O'Donnell and Gordon. i nham City Attorney RHB /pr MMPD /O'Donnell PIERCE O'OONNELL' JEFFREY S. GORDON' STEVEN F. PFLAUM GEORGE R. HEDGES ANNE B. ROBERTS CAROL S. LARSON CORNELIUS P. McCARTHY JOSEPHINE E. POWE JAN B. NORMAN 'A PROFESSIONAL CORPORATION May 8, 1985 i • LAW OFFICES O'DONNELL F3 CORDON A 11111U15.1I1 NC IX.ING 619 SOUTH OLIVE. SUITE 300 LOS ANGELES. CALIFORNIA 90014 TELEPHONE (2131683-15(36 TELEX 295357 POGO UR TELECOPIER (213) 688 -It52 Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 Re: Dear Bob: DENNIS E. CURTIS ALAN STAMM OF COUNSEL FILE NO: r �nECfli'ED �� CITY ATTDRFtfY MAY 1 4196.5► City OF � kEVI"'ON, OuCN CALIF. riY. eriod Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between May 1, 1985 and June 30, 1985. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell (Senior Partner) ($150), Steven Pflaum (Partner) ($125), Judith Resnik (Consultant) ($125.00), Josephine Powe (Associate) ($105), Allan Ides (Of Counsel) ($105), and paralegal ($5S). 1. EIR 232 Appeal Pierce O'Donnell Steven Pflaum Allan Ides/ Josephine Powe Paralegal Contingency Expenses TOTAL: 25 hours $ 3,750.00 15 hours 1,875.00 15 hours 1,575.00 8 hours 440.00 20 hours 2,100.00 200.00 $9,940.00 y 0 0 Robert H. Burnham, Esq. City Attorney March 8, 1985 Page 3 We consider it a privilege to represent the City. If you have any questions, please do not hesitate to call either Pierce or me. SFP /jr 0254S BY ThE CIT9 COUNCIL CITY OF NEWPORT BEAQ MEMORANDUM MAR 2 51x35 OFFICE OF THE CITY ATTORNEY APPRo pn March 18, 1985 Agenda Item No. F -9(a) To: Hon. Mayor and Members of the City Council From: Robert H. Burnham - City Attorney Re: Estimate for Legal Services - O'Donnell & Gordon March I, 1985 - April 30, 1985 O'Donnell & Gordon has submitted an estimate of the fees the City will incur between March Ist and April 30th, for airport related legal work. A copy of the estimate is attached and it is anticipated that $74,285.00 in expenses will be incurred. This office has reviewed the estimate provided by O'Donnell & Gordon and believes that it accurately reflects the legal work to be performed by that firm during the period referenced above. It is recommended that the Council approve the estimate submitted by O'Donnell & G rdon. Robert H. Burnham City Attorney RI-B / p r RSP /Estimate PIERCE O'DONNELL" JEFFREY S. GORDON' STEVEN F. PFLAUM GEORGER.HEDGES ANNE B. ROSERTS CAROL S. LARSON CORNELIUS P. McCARTHY JOSEPHINE E. ROWE JAN B. NORMAN .A PROFESSIONAL CORPORATION March 8, 1985 • • LAW OFFICES O'DONNELL Fs GORDON A PARTNERSHIP INCLUDING PROFCAIONAL CORPORAIiONS OENNIS E. CURTIS ALAN 5TAMM 619 SOUTH OLIVE. SUITE 300 OF COUNSEL LOS ANGELES. CALIFORNIA 90014 TuLpi4ONE 12131 688-1566 TELEX 295357 POGO UK FILE NO: TELECOMER 2131 688 -1152 Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 Re: Dear Bob: �I,EGEtYEO CITY ATTORNEY CITY OF NEk'F:1p,T BEACH i, CALIF. r Two -Month Per Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between March 1, 1985 and April 30, 1985. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell (Senior Partner) ($150), Steven Pflaum (Partner) ($125), Josephine Powe (Associate) ($105), Allan Ides (Of Counsel) ($105), and paralegal ($55). 1. EIR 232 Appeal Pierce O'Donnell Steven Pflaum Allan Ides/ Josephine Powe Paralegal Contingency Expenses TOTAL: 25 hours $ 3,750.00 15 hours 1,875.00 15 hours 1,575.00 8 hours 440.00 20 hours 2,100.00 200.00 $9,940.00 Robert H. Burnham, Esq. City Attorney May 8, 1985 Page 2 2. EIR 512 /Iniunction Enforcement Proceedings Pierce O'Donnell 2 hours $ 300.00 Steven Pflaum S hours 625.00 Allan Ides/ 2 hours 110.00 Josephine Powe 5 hours 525.00 Paralegal 2 hours 110.00 Contingency 25 hours 2,625.00 Expenses 50.00 TOTAL: $4,235.00 3. EIR 508/1984 Master Plan /Access Plan Pierce O'Donnell 70 hours $10,500.00 Steven Pflaum 225 hours 28,125.00 Judith Resnik SO hours 6,250.00 Allan Ides/ Josephine Powe 200 hours 21,000.00 Paralegal 75 hours 4,125.00 Contingency 100 hours 10,500.00 Expenses 15,000.00 TOTAL $95,500.00 4. Legal Opinions, Non - Litigation Advice and Miscellaneous Matters Pierce O'Donnell Steven Pflaum Allan Ides/ Josephine Powe Paralegal Contingency Expenses TOTAL: GRAND TOTAL: 2 hours $ 300.00 20 hours 2,500.00 5 hours 525.00 2 hours 110.00 30 hours 3,150.00 250.00 $6,835.00 $116,510.00 The foregoing is my best estimate of legal services for the two - month period. Uncertainty concerning the extent of the proceed- ings in federal and state court concerning EIR 508 made it particularly difficult to formulate this estimate or to prepare a budget for the entire trial court proceedings concerning EIR 508. a 0 0 Robert H. Burnham, Esq. City Attorney March 8, 1985 Page 3 We consider it a privilege to represent the City. If you have any questions, please do not hesitate to call either Pierce or me. SFP /jr 02545 MEMORANDUM OFFICE OF THE CITY ATTORNEY January 21, 1985 C-- 233 / BY THE CITY COUiBCM CITY Of NEWPORT BEACH JAN 2 8 1985 Agenda Item No. F -9 (b) To: Non. Mayor & Members of the City Council From: Robert H. Burnham - City Attorney Re: Estimate for Legal Services - O'Donnell & Gordon January I, 1985 - February 28, 1985 On January 14, 1985 O'Donnell & Gordon submitted their estimate of expenses the City will incur between January I, 1985 and February 28, 1985 for airport - related legal work performed by their firm. It is estimated that $69,295.00 in expenses will be incurred. Of that sum, the amounts break down as follows: CEOA Litigation EIR 232 Appeal $12,075.00 EIR 512 Injunction 4,235.00 EIR 508 Master Plan 45,925.00 Legal Opinions 5,485.00 Federal Court Litigation PSA v. Co. of Orange 525.00 Long Beach Airport 525.00 Burbank Airport 525.00 TOTAL $69,295.00 This office has reviewed the estimate provided by O'Donnell & Gordon and believes the above estimates accurately reflect the legal work to be performed firm during the 60 -day period referenced above. It is recommended that the Council approve the amount estimated for legal fees by O'Donnell & Gordon. f" 1. Vobert H. Burinham City Attorney 0 Robert H. Burnham, Esq. City Attorney May 8, 1985 Page 3 • We will prepare a budget for the remainder of the EIR 508 litigation once we know whether that case will be tried in federal or state court. As required in the Agreement for Attorney Services, if unexpected events occur, we will immediately notify you and submit a revised authorized estimate for your approval. We consider it a privilege to represent the City. If you have any questions, please do not hesitate to call either Pierce or me. Best Qards. 4EE SFP /jr 02545 4 � c- z331 t3b� i BY ThE CITY COUNCIL CITY OF NEWPORT BEACH MAR 2 511935 OFFICE OF THE CITY ATTORNEY APPRovr�a March 18, 1985 Agenda Item No. F -9(a) To: Hon. Mayor and Members of the City Council From: Robert H. Burnham - City Attorney Re: Estimate for Legal Services - O'Donnell & Gordon March 1, 1985 - April 30, 1985 O'Donnell & Gordon has submitted an estimate of the fees the City will incur between March Ist and April 30th, for airport related legal work. A copy of the estimate is attached and it is anticipated that $74,285.00 in expenses will be incurred. This office has reviewed the estimate provided by O'Donnell & Gordon and believes that it accurately reflects the legal work to be performed by that firm during the period referenced above. 1 It is recorrmended that the Council approve the estimate submitted by O'Donnell $ Gordon. v Robert H. Burnham City Attorney RH3 /pr RSP /Estimate PIERCE O'DONNELL• JEFFREY 5. GORDON* STEVEN F. PFLAUM GEORGE R. HEDGES ANNE B. ROBERTS CAROL S. LARSON MARK D. FABIANI CORNELIUS P. MCCARTHY -A PROFESSIONAL CORPORATION January 14, 1985 LAW OFFICES O'DONNELL £3 GORDON GO RDON AM ERIP NCLIDINC PROFESIONCOP nONS /i - ''$�l , 619 SOUTH OLIVE, SUITE 300 L05 ANGELES, CALIFORNIA 9QE (213)688- 1566 ,` TELEX: 295357 POGO IIR 1�' co" �1a' oa P5�11 Robert H: Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 Re: Estimate for Legal Services for Two -Month Period T" nnrv� - - a rirrO Tli' %�2"'CT Dear Bob: DENNIS E. CURTIS ALAN STAMM OF COUNSEL Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between January 1, 1985 and February 28, 1985. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell (Senior Partner) ($150), Steven Pflaum (Partner) ($12S), Josephine Powe (Associate) ($105), Allan Ides (Of Counsel) ($105), and paralegal ($55): 1. CEQA LITIGATION (FIR'S 232 and S12) A. EIR 232 ADDeal Pierce O'Donnell 25 hours $ 3,750.00 Steven Pflaum 25 hours 3,125.00 Allan Ides/ Josephine Powe 20 hours 2,100.00 Paralegal 5 hours 275,00 Contingency 25 hours 2,625.00 Expenses 200.00 TOTAL: $12,075.00 • • Robert H. Burnham, Esq. City Attorney January 14, 1985 Page 2 B. EIR 512 /iniunction Enforcement Proceedings Pierce O'Donnell 2 hours $ 300.00 Steven Pflaum 5 hours 6ZS.00 Allan Ides/ Josephine Powe 5 hours 525.00 Paralegal 2 hours 110.00 Contingency 25 hours 2,625.00 Expenses _ 50.00 TOTAL: $4,235.00 C. EIR 508/1984 Master Plan Pierce O'Donnell Steven Pflaum Allan Ides/ Josephine Powe Paralegal Contingency Expenses TOTAL 50 hours 120 hours 120 hours 40 hours 75 hours $ 7,500.00 15,000.00 12,600.00 2,200.00 7,875.00 750.00 $45,925.00 D. Legal ODinions and Non - Litigation Advice Pierce O'Donnell 2 hours $ 300.00 Steven Pflaum 20 hours 2,500.00 Allan Ides/ Josephine Powe 5 hours S25.00 Paralegal 2 hours 110.00 Contingency 20 hours 2,100.00 Expenses 250.00 TOTAL: $5,485.00 2. FEDERAL COURT LITIGATION A. PSA Y. Countv of Orange Pierce O'Donnell 0 hours $ 0.00 Steven Pflaum 0 hours 0.00 Allan Ides/ Josephine Powe 0 hours 0.00 Paralegal 0 hours 0.00 Contingency 5 hours 525.00 TOTAL: $525.00 3 0 s • Robert H: Burnham, Esq: City Attorney January 14, 1985 Page 3 B. Long Beach'Airnort Litigation Pierce O'Donnell 0 hours $ 0.00 Steven Pflaum 0 hours 0.00 Allan Ides/ Josephine Powe 0 hours 0.00 Paralegal 0 hours 0.00 Contingency 5 hours 525.00 TOTAL: $525.00 C. Burbank Airport Litigation Pierce O'Donnell 0 hours $ 0.00 Steven Pflaum 0 hours 0.00 Allan Ides/ Josephine Powe 0 hours 0.00 Paralegal 0 hours 0.00 Contingency 5 hours 525.00 TOTAL: $525.00 SUMMARY: CEQA Litigation: $67,720.00 Federal Court Litigation: 1,575.00 GRAND TOTAL: $690295.00 The foregoing is my best estimate of legal services for the two - month period. Uncertainty concerning whether oral argument will be scheduled in the EIR 232 appeal during the next two months and the extent of the proceedings in the expected EIR 508 litigation made it particularly difficult to formulate this estimate: As required in the Agreement for Attorney Services, if unexpected events occur, we will immediately notify you and submit a revised authorized estimate for your approval. We consider it a privilege to represent the City. If you have any questions, please do not hesitate to call either Pierce or me. Best regards, STEVEN F. PF AUM SFP /fw 0254S R - � • � - 233/ �_38> BY THE CITY COUNCIL CITY OF NEWPORT BEACH NOV 2 G 1984 MEMORANDUM c /t OFFICE OF THE CITY ATTORNEY November 19, 1984 Agenda Item No. F -9(c) To: Hon. Mayor and Members of the City Council From: Robert H. Burnham — City Attorney Re: Estimate for Legal Services — O'Donnell 6 Gordon Date: November 1, 1984 — December 31, 1984 O'Donnell and Gordon has submitted an estimate of the fees the City will incur between November 1st and December 31st, for airport related =xsek: A copy of the estimate is attached and it is anticipated that $36,720.00 in expenses will be incurred. This office has reviewed the estimate provided by O'Donnell and Gordon and believes that it accurately reflects the legal work to be performed by that firm during the period referenced above. It is recommended that the Council approve the estimate submitted by O'Donnell and Gordon. 1 R bert H. Burnham City Attorney RHBjpr • LAW OFFICES O'DONNELL & GORDON PIERCE O'DONNELL* JEFFREY S. GORDON* STEVEN F. PFLAUM GEORGE R. HEDGES ANNE S. ROBERTS CAROL S. LARSON MARK D. FABIAN] CORNELIUS P. McCARTHY *A PROFESSIONAL CORPORATION November 6, 1984 A PARTNERSHIP INCLUDING PROFEAIONAL CORPORATIONS 619 SOUTH OLIVE, SUITE 300 LOS ANGELES, CALIFORNIA 90014 1213) 688 -1566 TELEX: 295357 POGO UP, Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 Re: Estimate for Legal Services for Dear Bob: DENNIS E. CURTIS ALAN STAMM OF COUNSEL Clr Arrt ,.`r CITY f �wChi1F1 �!ACH \/ -Month Period Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between November 1, 1984 and December 31, 1984. This estimate is based upon anticipated developments in the aiaporx:,litig*tron — The contract hourly rates are used in the estimates: Pierce O'Donnell (Senior Partner) ($150), Steven Pflaum (Partner) ($125), Josephine Powe (Associate) ($105), Allan Ides (Of Counsel) ($105), and paralegal ($55). 1. CEQA LITIGATION (EIR's 232 and 512) A. EIR 232 Appeal Pierce O'Donnell 10 hours $ 1,500.00 Steven Pflaum 25 hours 3,125.00 Allan Ides/ Josephine Powe 40 hours 4,200.00 Paralegal 10 hours 550.00 Contingency 25 hours 2,625.00 Expenses 500.00 TOTAL: $12,500.00 N BY THE CITY COUNCIL CITY OF NEWPORT BEACH SEP 24 1984 MEMORANDUM OFFICE OF THE CITY ATTORNEY Agenda Item No. F -9(al September 24, 1984 To: Hon. Mayor and Members of the City Council From: Robert H. Burnham, City Attorney Re: 19184 October 31, 1984 Attached herewith is a copy of the Estimate for Legal Services Pierce O'Donnell submitted estimating the legal fees the City will incur between September 1, 1984 and October 31, 1984 for airport - related legal work performed by his firm. It is estimated that $53,150.00 in expenses will be incurred. This office has reviewed the estimate provided by Mr. O'Donnell, a copy of which is attached hereto, and believes that the estimate accurately reflects the legal work to be performed by that firm during the 60 -day period referenced above. It is recommended that the Council approve the estimate submitted by O'Donnell & Gordon. i bert H. Bur ty Attorney RHB /dt 9 PIERCE O'DONNELL+ JEFFREY S. GORDON* STEVEN F. PFLAUM GEORGE R. HEDGE5 ANNE S. ROBERTS CAROL S. LARSON MARK D. FABIANI CORNELIUS P. MCCARTHY •A PROFESSIONAL CORPORATION September 4, 1984 LAW OFFICES O'DONNELL 8 GORDON A PARTNERSHIP INCLUDING PROFESSIONAL COREORATIONS 619 SOUTH OLIVE, SUITE 300 LOS ANGELES, CALIFORNIA 90014 (213) 688 -1566 TELEX: 295357 POGO UR Robert h: Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 DENNIS E. CURTIS ALAN STAMM OF COUNSEL Re: Estimate for Le al Services for Two -Month Period Septem er 1, 1 984 - October 31, 1 Dear Bob: Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between September 1, 1984 and October 31, 1984. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell (Senior Partner) ($150), Steven Pflaum (Partner) ($125), Mark Fabiani (Associate) ($105), Allan Ides (Of Counsel) ($105), and paralegal ($55). 1, CEQA LITIGATION (EIR's 232 and 512) A. E1R 232 ADDeal Pierce O'Donnell 10 hours $ 1,500.00 Steven Pflaum 25 hours 3,125.00 Allan Ides/ Mark Fabiani 75 hours 7,875.00 Paralegal 10 hours 550.00 Contingency 25 hours 211625.00 Expenses 500.00 TOTAL: $16,175.00 1 ;?— Robert H: Burnham, Esq. City Attorney November 6, 1984 Page 2 B. EIR 512 /Injunction Enforcement Proceedings Pierce O'Donnell 5 hours $ 750.00 Steven Pflaum 5 hours 625.00 Allan Ides/ Josephine Powe 5 hours 525.00 Paralegal 2 hours 110.00 Contingency 25 hours 2,625.00 Expenses 50.00 TOTAL: $4,685.00 C. EIR 508/1984 Master Plan Pierce O'Donnell 15 hours $ 2,250.00 Steven Pflaum 50 hours 6,250.00 Allan Ides/ Josephine Powe 30 hours 3,150.00 Paralegal 10 hours 550.00 Contingency 20 hours 2,100.00 Expenses 100.00 TOTAL $14,400.00 D. Legal Opinions and Non - Litigation Advice Pierce O'Donnell 2 hours $ 300.00 Steven Pflaum S hours 625.00 Allan Ides/ Josephine Powe 2 hours 210.00 Paralegal 5 hours 275.00 Contingency 20 hours 2,100.00 Expenses 50.00 TOTAL: $3,560.00 2. FEDERAL COURT LITIGATION A. PSA v. County of Orange Pierce O'Donnell 0 hours $ 0.00 Steven Pflaum 0 hours 0.00 Allan Ides/ Josephine Powe 0 hours 0.00 Paralegal 0 hours 0.00 Contingency 5 hours 525.00 TOTAL: $525.00 3 Robert H. Burnham, Esq. City Attorney Sept. 4, 1984 Page 2 B. EIR 512 /Iniunction Enforcement Proceedings Pierce O'Donnell 30 hours $4,500.00 Steven Pflaum 45 hours 51625.00 Allan Ides/ Mark Fabiani 30 hours Mark Fabiani 15 hours 1,575.00 Paralegal 15 hours 825.00 Contingency 25 hours 29625.00 Expenses 500.00 TOTAL: $15,650.00 C. EIR 508/1984 Master Plan Pierce O'Donnell IS hours Steven Pflaum 50 hours Allan Ides/ 1,875.00 Allan Ides/ Mark Fabiani 30 hours Paralegal 5 hours Contingency 20 hours Expenses 275.00 Contingency TOTAL $ 2,250.00 6,250.00 3,150.00 275.00 2,100.00 100.00 $14,125.00 D. Leaal Opinions and Non- Litigation Advice Pierce O'Donnell 5 hours $ 750.00 Steven Pflaum 15 hours 1,875.00 Allan Ides/ Mark Fabiani 5 hours 525.00 Paralegal 5 hours 275.00 Contingency 20 hours 2,100.00 Expenses 100.00 TOTAL: $5,625.00 2. FEDERAL COURT LITIGATION A. PSA v. County of Oranxe Pierce O'Donnell 0 hours $ 0.00 Steven Pflaum 0 hours 0.00 Allan Ides/ Mark Fabiani 0 hours 0.00 Paralegal 0 hours 0.00 Contingency 5 hours 525.00 TOTAL: $525.00 3 Robert H: Burnham, Esq. City Attorney Sept. 4, 1984 Page 3 B. Lone Beach Airport Litigation Pierce O'Donnell 0 hours $ 0.00 Steven Pflaum 0 hours 0.00 Allan Ides/ Mark Fabiani 0 hours 0.00 Paralegal 0 hours 0.00 Contingency 5 hours 525.00 TOTAL: $525.00 C. Burbank Airport Litigation Pierce O'Donnell 0 hours $ 0.00 Steven Pflaum 0 hours 0.00 Allan Ides/ Mark Fabiani 0 hours 0.00 Paralegal 0 hours 0.00 Contingency 5 hours 525.00 TOTAL: $525.00 SUMMARY: CEQA Litigation: $51,575.00 Federal Court Litigation: 1,575.00 GRAND TOTAL: $53,150.00 The foregoing is my best estimate of legal services for the two - month period. As required in the Agreement for Attorney Services, if unexpected events occur, we will immediately notify you and submit a revised authorized estimate for your approval. We consider it a privilege to represent the City. If you have any questions, please do not hesitate to call either Pierce or me. Best regards, 4EN^PL SFF /fw 02545 2 Robert H: Burnham, Esq. City Attorney November 6, 1984 Page 3 B. Long Beach Airport Litigation Pierce O'Donnell Steven Pflaum Allan Ides/ Josephine Powe Paralegal Contingency TOTAL: 0 hours 0 hours 0 hours 0 hours 5 hours C. Burbank Airport Litigation Pierce O'Donnell Steven Pflaum Allan Ides/ Josephine Powe Paralegal Contingency TOTAL: SUMMARY GRAND TOTAL: 0 hours 0 hours 0 hours 0 hours 5 hours CEQA Litigation: Federal Court Litigation: $ 0.00 0.00 0.00 0.00 525.00 $525.00 $ 0.00 0.00 0.00 0.00 525.00 $525.00 $35,145.00 1,575.00 $36,720.00 The foregoing is my best estimate of legal services for the two - month period. As required in the Agreement for Attorney Services, if unexpected events occur, we will immediately notify you and submit a revised authorized estimate for your approval. We consider it a privilege to represent the City. If you have any questions, please do not hesitate to call either Pierce or me. Best r rds, STE . PFLAUM SFP /jr 0254S M C3g� MEMORANDUM OFFICE OF THE CITY ATTORNEY BY THE CITY COUNCIL CITY OF NEWPORT BEACH July 23, 1984 JUL 2319B4 Agenda Item No. E9[0,) APPROVED To: Hon. Mayor & Member of the City Council From: Robert Burnham - City Attorney Re: Estimate for Legal Services - O'Donnell & Gordon July 1, 1984 - August 31, 1984 On June 26, 1984, Pierce O'Donnell submitted his estimate of the expenses the City will incur between July 1, 1984 and August 31, 1984 for airport - related legal work performed by his firm. It is estimated that $41,910 in expenses will be incurred. Of that sum, approximately $2,100 is labeled "contingency." This office has reviewed the estimate provided by Mr. O'Donnell and believes that the estimate accurately reflects the legal work to be performed by that firm during the 60 -day period referenced above. It is recommended that the Council approve the estimate submitted by O'Donnell & Gordon. RHB /pr Robert H. Burnham City Attorney PIERCE O'DONNELL* JEFFREY 5. GORDON* STEVEN F. PFLAUM GEORGE R. HEDGES ANNE B. ROBERTS CAROL S. LARSON MARK D. FABIANI CORNELIUS P. M<CARTHY •A PROFESSIONAL CORPORATION June 27, 1984 • + LAW OFFICES O'DONNELL £3 GOKDON A PA NER NIP INCLUDING PROFE5IONAL COH &ATIONS 619 SOUTH OLIVE, SUITE 300 LOS ANGELES, CALIFORNIA 90014 12131688 TELEX: 295357 POGO UR Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 Re: Estimate for Legal Services for Dear Bob: DENNIS E. CURTIS ALAN STAMM OF COUNSEL iod Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between July 1, 1984 and August 31, 1984. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell (Senior Partner) ($150), Steven Pflaum (Partner) ($125), Mark Fabiani (Associate) ($105), Allan Ides (Of Counsel) ($105), and paralegal ($55). 1. CEQA LITIGATION (EIR's 232 and 512) A. EIR 232 ADDeal Pierce O'Donnell r r1' hours $ 750.00 Steven Pflaum �u hours 2,500.00 Allan Ides/ iod Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between July 1, 1984 and August 31, 1984. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell (Senior Partner) ($150), Steven Pflaum (Partner) ($125), Mark Fabiani (Associate) ($105), Allan Ides (Of Counsel) ($105), and paralegal ($55). 1. CEQA LITIGATION (EIR's 232 and 512) A. EIR 232 ADDeal Pierce O'Donnell S hours $ 750.00 Steven Pflaum 20 hours 2,500.00 Allan Ides/ Mark Fabiani 75 hours 7,875.00 Paralegal 10 hours 550.00 Contingency 25 hours 2,625.00 Expenses _100.00 TOTAL: $14,400.00 Rn Robert H. Burnham, Esq. City Attorney June 27, 1984 Page 3 C. Burbank Airport Litigation Pierce O'Donnell 1 hour Steven Pflaum 5 hours Allan Ides/ Mark Fabiani 2 hours Contingency 20 hours TOTAL: SUMMARY: GRAND TOTAL: CEQA Litigation: Federal Court Litigation: $ 150.00 625.00 210.00 2,100.00 $3,085.00 $37,775.00 4,135.00 $41,910.00 The foregoing is my best estimate of legal services for the two -month period. As required in the Agreement for Attorney Services, if unexpected events occur, we will immediately notify you and submit a revised authorized estimate for your approval. We consider it a privilege to represent the City. If you have any questions, please do not hesitate to call either Pierce or me. Best regards, SFP /jr 02545 J BY THE CITY COUNCIL CITY Of NEWPORT BEACH JUN 1 1984 APPROVED OFFICE OF THE CITY ATTORNEY June 11, 1984 Agenda Item No. F 9 (b) To: Hon. Mayor & Members of the City Council From: Robert H. Burnham, City Attorney Re: Request by Pierce O'Donnell for an Increase in Hourly Rate (from $125 /hr. to $150 /hr.) Pierce O'Donnell has asked the Council to consider increasing his hourly rate from $125 /hr. to $150 /hr. On May 29, 1984, the City Council asked this office to provide information concerning rates charged by other law firms representing the City. Those rates, and the services provided, can be summarized as follows: 1. HOUSING LAWSUIT For services rendered in conjunction with the housing lawsuit, the City pays Rutan & Tucker the sum of $110 /hr. for work performed by partners such as Len Hampel and $90 /hr. for work performed by associates; 2. PUBLIC LIABILITY LITIGATION The City retains six law firms to represent its interests in civil cases based upon personal injury or property damage. These firms charge the City between $70 and $75 /hr. for their services; 3. PERSONNEL /LABOR LAW When necessary, this office retains outside counsel to assist the Civil Service Commission in matters involving City personnel. The firm that we generally retain presently charges $85 /hr. for such services. ` e I have contacted members of the more prestigious law firms in Los Angeles and Orange County. While the rates charged vary in accordance with the nature of the work performed, the fees charge generally range between $125 and $150 /hr. It is not unusual for firms to charge $200 or more per hour for work performed by partners in specialized cases. I will be happy to answer any other questions Council may have r arding this request. Robert H. Burnham City Attorney MEB/Mayor4 2 • � C - z331 BT THE CITY COUNCIL CITY OF NEWPORT BEACH MAY 2 91984 MEMORANDUM OFFICE OF THE CITY ATTORNEY May 23, 1964 Agenda Item No. F 9 (b) To: Hon. Mayor & Members of the City Council From: Robert Burnham - City Attorney Re: in . HOur• ly,. NOW _. Attached please find a copy of a letter received from Pierce O'Donnell requesting an increase in the hourly rate paid to him for his services. This office has no recommendation with regard to the request, but we will be prepared to respond to answer questions the Council may have regarding rates charged by other attorneys retained by the City. Robert H. Burnham City Attorney RHB /pr PIERCE O'DONNELL• JEFFREY S. GORDON* STEVEN F. PFLAUM GEORGE R. HEDGES ANNE B. ROBERTS CAROL S. LARSON MARK D. FASIANI CORNELIUS P. McCARTHY to PROFESSIONAL CORPORATION May 3, 1984 LAW OFFICES O'DONNELL F5 GORDON A PARTNERSHIP NCLUDNG PROFESSIONAL CORPORATIONS 619 SOUTH OLIVE, SUITE 300 LOS ANGELES, CALIFORNIA 90014 (213) 688 -1566 ` TELEX: 295357 POGO UA !/ Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92658 -8915 Re: Newport Beach v. County of Orange Dear Bob: DENNIS E. CURTIS ALAN STAMM OF COUNSEL This letter concerns O'Donnell & Gordon's proposal that the hourly rate for my time be increased to $150.00 per hour from the current rate of $125.00 per hour. As you know, we have not increased our rates in the more than two years that O'Donnell & Gordon has represented the City. During that same time, our hourly rates for our other clients have increased. My current standard hourly rate is $195.00 per hour. As mentioned above, we are proposing that my rate be increased to $150.00 per hour, still nearly 25% below my standard rate. We are not proposing any change in the billing rates for Steve Pflaum or our other attorneys and professionals. We appreciate the City's consideration of this request. As you know, we consider it a privilege to represent the City. �1 POD:rg .�I- PIERCE O'DONNELL A Professional Corporation OT ;. •; `r 7 tO (ID f This letter concerns O'Donnell & Gordon's proposal that the hourly rate for my time be increased to $150.00 per hour from the current rate of $125.00 per hour. As you know, we have not increased our rates in the more than two years that O'Donnell & Gordon has represented the City. During that same time, our hourly rates for our other clients have increased. My current standard hourly rate is $195.00 per hour. As mentioned above, we are proposing that my rate be increased to $150.00 per hour, still nearly 25% below my standard rate. We are not proposing any change in the billing rates for Steve Pflaum or our other attorneys and professionals. We appreciate the City's consideration of this request. As you know, we consider it a privilege to represent the City. �1 POD:rg .�I- PIERCE O'DONNELL A Professional Corporation BY THE CITY COUNCIL CITY OF NEWPORT BEACH MAY 2 91984 MEMORANDUM APPROVED OFFICE OF THE CITY ATTORNEY May 21, 1984 Agenda Item No. Via) To: Hon. Mayor & Member of the City Council From: Robert Burnham - City Attorney Re: Rstimate. for Le s - O.'D6nn 411 & Gordon " = ;Jute_ ', Attached herewith is a copy of the Estimate for Legal Services Pierce O'Donnell submitted estimating the legal fees the City will incur between May 1, 1984 and February 29, 1984 for airport - related legal work performed by his firm. It is estimated that $25,910 in expenses will be incurred. This office has reviewed the estimate provided by Mr. O'Donnell, a copy of which is attached hereto, and believes that the estimate accurately reflects the legal work to be performed by that firm during the 60 -day period referenced above. It is recommended that the Council approve the estimate submitted by O'Donnell & Gordon. RHB /pr lwa �w Robert H. Burnham City Attorney PIERCE O'DONNELL* JEFFREY S. GORDON* STEVEN F. PFLAUM GEORGE R. HEDGES ANNE B. ROBERTS CAROL S. LARSON MARK D. FASIANI CORNELIUS P. MCCARTHY *A PROFESSIONAL CORPORATION May 16, 1984 LAW OFFICES O'DONNELL & GORDON A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATION5 D E N N 15 E. CURT I S ALAN STAMM 619 SOUTH OLIVE, SUITE 300 OF COUNSEL LOS ANGELES, CALIFORNIA 90014 1213) 688 -1566 TELEX: 295357 POGO UR Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 Re: Estimate for Legal Services for Two -Month Period Dear Bob: Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between May 1, 1984 and June 30, 1984. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell (Partner) ($125), Steven Pflaum (Partner) ($125), Mark Fabiani (Associate) ($105), Allan Ides (Of Counsel) ($105), and paralegal ($55). 1. CEQA LITIGATION (EIRs 232 and 512) A. EIR 232 Appeal Pierce O'Donnell/ Steven Pflaum 2 hours $ 250.00 Allan Ides/ Mark Fabiani 5 hours 525.00 Paralegal 2 hours 110.00 Contingency 25 hours 2,625.00 TOTAL: $3,510.00 0 • Robert H. Burnham, Esq. City Attorney May 16, 1984 Page 2 B. Legal Opinions and Non - Litigation Advice (Suc Review an Settlement egotiations) Pierce O'Donnell/ Steven Pflaum 20 hours $2,500.00 Allan Ides/ Mark Fabiani 15 hours 1,575.00 Contingency 30 hours 3,150.00 Expenses 100.00 TOTAL: $7,325.00 C. EIR 512 /iniunction Enforcement Proceedings Pierce O'Donnell/ Steven Pflaum 20 hours $2,500.00 Allan Ides/ Mark Fabiani 20 hours 2,100.00 Paralegal 5 hours 275.00 Contingency 75 hours 7,875.00 Expenses 0 hours 100.00 TOTAL: $12,850.00 2. FEDERAL COURT LITIGATION I hour $ 125.00 A. PSA v. County of Orange Pierce O'Donnell/ 0 hours 0.00 Steven Pflaum 0 hours $ 0.00 Allan Ides/ 10 hours 1,050.00 Mark Fabiani 0 hours 0.00 Paralegal 0 hours 0.00 Contingency 10 hours 1,OS0.00 TOTAL: $1,050.00 B. Long Beach Airport Litigation Pierce O'Donnell/ Steven Pflaum I hour $ 125.00 Allan Ides/ Mark Fabiani 0 hours 0.00 Paralegal 0 hours 0.00 Contingency 10 hours 1,050.00 TOTAL: $1,175.00 I Robert H. Burnham, City Attorney May 16, 1984 Page 3 SUMMARY Es q. GRAND TOTAL: CEQA Litigation: Federal Court Litigation: $23,685.00 2,225.00 $25,910.00 aaaaae�aa The foregoing is my best estimate of legal services for the two -month period. If the City Council approves our request to increase Pierce's hourly rate to $150 per hour, the above estimates would be affected accordingly. As required in the Agreement for Attorney Services, if unexpected events occur, we will immediately notify you and submit a revised authorized estimate for your approval. We consider it a privilege to represent the City. If you have any questions, please do not hesitate to call either Pierce or me. Best st7NQr�e STEVEN SFP /j r 02545 M To: From: Re: BY THE CITY COUNCIL CITY Of NEWPORT BEACH Mt7MOXANDUM MAR 2 61984 OFFICE OF THE CITY ATTORNEY n March 26, 1984 Agenda Item No. F -9(a) Hon. Mayor & Members of the City Council Robert H. Burnham - City Attorney Marc l,� 1984 - April 30, 1984 On March 1, 1984, Pierce O'Donnell submitted his estimate of $34,885.00 for legal fees for the two month period of March 1, 1984 through April 30, 1984, for airport- related legal work to be performed by his firm. This office has reviewed the estimate submitted by Mr. O'Donnell and believes that the estimate accurately reflects the legal work to be perfomed by that firm during the period referenced above. It is recommended that the Council approve the estimate submitted by O'Donnell & Gordon. Kobert H. Burnham City Attorney RHB /pr MEB C - X33 l (3S) By THE CITY COUNCIL CITY OF NEWPORT BEACH JAN 231984 MEMORANDUM OFFICE OF THE CITY ATTORNEY January 17, 1984 Agenda Item No. Vq_(-A) To: Hon. Mayor & Member of the City Council From: Robert Burnham - City Attorney Re: Eztti*4,t €sat Segel ec a ees -- O Dowell a Gordon On January 9, 1984, Pierce O'Donnell submitted his estimate of the expenses the City will incur between January 1, 1984 and February 29, 1984 for airport - related legal work performed by his firm. It is estimated that $38,700 in expenses will be incurred. Of that sum, approximately $12,000 is labeled "contingency." This office has reviewed the estimate provided by Mr. O'Donnell and believes that the estimate accurately reflects the legal work to be performed by that firm during the 60 -day period referenced above. It is recommended that the Council approve the estimate submitted by O'Donnell & Gordon. ,;1,1 ,,,,fir 1 City Att�rney 9 • PIERCE O'DONNELL• JEFFREY S. GORDON* STEVEN F. PFLAUM GEORGE R. HEDGES MARK D. FABIANI t q PROFESSIONAL CORPORATION December 30, 1983 LAW OFFICES O'DONNELL £3 GOKDON A PARTNERSHIP OF PROFE55FONAL CORPORATIONS 619 SOUTH OLIVE, SUITE 300 LOS ANGELES, CALIFORNIA 90014 (213) 688-1566 TELEX: 295357 POGO UR Robert H. .Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 Re: Estimate for Legal Services for Two -Month Period Dear Bob: DENNIS E. CURTIS ANNE B. ROBERTS OF COUNSEL I 1' i Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the two -month period between January 1, 1984 and February 29, 1984. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell (Partner) ($125), Steven Pflaum (Partner) ($12S), Mark Fabiani (Associate) ($105), Allan Ides (Of Counsel) ($105), and paralegal ($SS). 1. CEQA LITIGATION (EIR 232) A. Appeal Pierce O'Donnell/ Steven Pflaum 15 hrs. $1,875.00 Allan Ides/ Mark Fabiani 10 hrs. 1,050.00 Paralegal 10 hrs. 550.00 Contingency 25 hrs. 2,625.00 Expenses 100.00 TOTAL $6,200.00 P3 1 Robert H. Burnham, Esq. City Attorney December 30, 1983 Page Two B. Le al 0 inions and Non - Litigation Advice uc as R Review and Settlement egotiations) Pierce O'Donnell/ Steven Pflaum/ 60 hrs. $7,500.00 Allan Ides /Mark Fabiani 60 hrs. 6,300.00 Contingency 20 hrs. 2,100.00 Expenses 100.00 TOTAL $16,000.00 C. Injunction Enforcement Proceedings Pierce O'Donnell/ Steven Pflaum 15 hrs. $1,875.00 Allan Ides /Mark Fabiani 5 hrs. 525.00 Paralegal 5 hrs. 275.00 Contingency 75 hrs. 7,875.00 Expenses 100.00 TOTAL $10,650.00 2. FEDERAL COURT LITIGATION A. PSA v. County of Orange Pierce O'Donnell/ Steven Pflaum 0 hrs. $ 0.00 Allan Ides /Mark Fabiani 0 hrs. 0.00 Paralegal 0 hrs. 0.00 Contingency 10 hrs. 1,050.00 TOTAL $1,050.00 B. Burbank Airport Litigation Pierce O'Donnell/ Steven Pflaum 2 hrs. $ 250.00 Allan Ides /Mark Fabiani 1 hr. 105.00 Expenses 15.00 TOTAL $390.00 I 3 v r� Robert H. Burnham, Esq. City Attorney December 30, 1983 Page Three E C. Long Beach Airport Litigation Pierce O'Donnell/ Steven Pflaum 18 hrs. $2,250.00 Allan Ides /Mark Fabiani 10 hrs. 1,050.00 Paralegal 5 hrs. 275.00 Contingency 7 hrs. 735.00 Expenses 100.00 TOTAL $4,410.00 SUMMARY: CEQA Litigation 32,850.00 Federal Court Litigation 5,850.00 GRAND TOTAL $38,700.00 The foregoing is my best estimate of legal services for the two - month period. If unexpected events occur, we will immediately notify you and submit a revised authorized estimate for your approval as required in the Agreement for Attorney Services. As you know, we consider it a privilege to represent the City. If you have any questions, please do not hesitate to call either Pierce or me. Best regards, STEVEN F. SFP /jr 0170A APPROVED MEMORANDUM OFFICE OF THE CITY ATTORNEY rtS 1 1983 / Agenda Item No. F9 (e) ;y t:F.WMAT REACH February 14, 1983 To: Honorable Mayor & Members of the City Council From: Robert H. Burnham - City Attorney Re: O'Donnell & Gordon 60 - Day Estimate - Legal Services - Airport Attached to this memo, please find a copy of the most recent estimate for legal services furnished by Pierce O'Donnell pursuant to the contract between O'Donnell & Gordon and the City of Newport Beach. The estimate totals $11,565.00, and this is for the 60- day period commencing February 1, 1983. While the amount seems high, Mr. O'Donnell has built -in approximately $5,000.00 in contingencies since the County is undertaking certain activity, e.g., installation of tank farms, that may require litigation during the next 60 days. RECOMMENDATION It is recommended that the estimate be approved and that Mr. O'Donnell be authorized to perform legal services in accordance with the estimate. • V Robert H. Bu nham City Attorney RHB /pr MMP /Airport2 BY THE CITY COUNCIL CITY OF NEWPORT BEACH MEMORANDUM OFFICE OF THE CITY ATTORNEY SEP 2 61983 September 19, 1983 q \) FT Agenda Item No. r— ( z/ To: Hon. Mayor & Members of the City Council From: Robert Burnham - City Attorney Re: Estimate for Legal Services for 60 -day Period Se tember 1, 1983,- October 31, 1983 =` -q� Airport Litigation The attorneys fees for O'Donnell & Gordon, covering the period of July 1, 1983 to July 31, 1983, totalled $2,363.72, which sum was well within their estimate. Attached to this memo is the 60 -day estimate for September 1, 1983 to October 31, 1983 totalling $30,160.00. It is recommended that City Counci approve this amount. Robert H. Burnham City Attorney E PIERCE O'DONNELL> JEFFREY S. GORDON- STEVEN F. PFLAUM GEORGE R. HEDGES *A PROFESSIONAL CORPORATION January 24, 1983 LAW OFFICES O'DONNELL £3 GORDON A PARNEASHIP OF PROFES IONwL GoA %ATON5 619 SOUTH OLIVE, SUITE 300 LOS ANGELES, CALIFORNIA 90014 1213) 688 -1566 TELEX: 295357 POGO UK Robert H. Burnham, Esq. Acting City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 Re: Estimate for Legal Services for Sixt Dear Bob: s hICEIVE0 .� CITY fiiTCUR CITY OF I +e:YPDgT BEACH Period NIS E. CVRTtS E B. ROBERTS )F COUNSEL Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the 60 -day period between February 1, 1983 and March 31, 1983• This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell ($125), Steven Pflaum (Associate) ($105), Allan Ides and Anne Roberts (Of' Counsel) ($105), and paralegal ($55). 1. CEQA LITIGATION (EIR 232) A. Appeal Pierce O'Donnell Steven Pflaum /Allan Ides Paralegal Contingency Expenses TOTAL I 1 hr. $125.00 2 hrs. 210.00 1 hr. 55.00 5 hrs. 525.00 100.00 $1,01;.00 3 Robert H. Burnham, Esq. Acting City Attorney January 24, 1983 Page Two C. Le 0 ons and Non - Litigation Advice Pierce O'Donnell 5 hrs. Steven Pflaum/ Allan Ides/ Anne Roberts 10 hrs. Contingency 5 hrs. TOTAL Injunction Enforcement Proceedings Pierce O'Donnell 5 hrs. Steven Pflaum/ Allan Ides/ Anne Roberts 10 hrs. Paralegal 5 hrs. Contingency 20 hrs. TOTAL 2. PSA LITIGATION (FEDERAL) Pierce O'Donnell Steven Pflaum/ Allan Ides/ Anne Roberts Paralegal Contingency Expenses TOTAL SUMMARY: CEQA Litigation PSA Litigation GRAND TOTAL 5 hrs 10 hrs. 5 hrs. 20 hrs. $625.00 1,050.00 525.00 $2,200.00 $ 625.00 1,050.00 275.00 2,100.00 $4,050.00 $ 625.00 1,050.00 275.00 2,100.00 250.00 $4,300.00 7,265.00 4,300.00 $11,565.00 LAW OFFICES O'DONNELL Fs CORDON PIERCE O'DONNELL+' A PARTNERSHIP OF PROFESAONAL CORPORATIONS ,. �• DjJ15 E. CURTIS JEFFREY S. GORDON* �± AN, N E�' B. ROBERTS STEVEN F. PFLAUM 619 SOUTH OLIVE, SUITE 300 J��jzOF fOUNSEL GEORGE R, HEDGES LOS ANGELES, CALIFORNIA 90014 4111, MA PROFESSIONAL CORPORATION (213)688 -1566 ��d t TELEX: 295357 POGO UR August 31, 1983 Robert H. Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 Re: Estimate for Legal Services for Sixty -Day Period Dear Bob: Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the 60 -day period between September 1, 1983 and October 31, 1983. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell ($125), Steven Pflaum (Associate) ($105), Allan Ides (Of Counsel) ($105), and paralegal ($55). 1. CEQA LITIGATION (EIR 232) A. Appeal Pierce O'Donnell Steven Pflaum /Allan Ides Paralegal Contingency Expenses TOTAL o;� 15 hrs. $1,875.00 15 hrs. 1,575.00 20 hrs. 1,100.00 15 hrs. 1,575.00 100.00 $6,225.00 Hobart H. Burnham, Esq. Acting City Attorney January 24, 1983 Page Three 9 The foregoing is my best estimate of legal services for the two -month period. The difficulty of estimating primarily stems from the uncertainty whether the County's actions will precipitate the need for enforcement proceedings and whether future developments in the federal litigation will require the City to assume a more active role than it has taken in recent months. If unexpected events occur, we will immediately notify you and submit a revised authorized estimate for your approval as required in the Agreement for Attorney Services. As you know, we are pleased about the close and successful relationship between our two offices. We consider it a privilege to represent the City. If you have any questions, lease do not hesitate to call me. Be �wis es, PIERCE O'DONNELL A Professional Corporation POD:rg IM PRIVILEGED AND CONFIDENTIAL A MEMORANDUM TO THE MAYOR Copy No.Cl< AND CITY COUNCIL OF NEWPORT BEACH CONCERNING COUNTY OF ORANGE V. WILLIAMS, ET AL., THE COUNTY'S LAWSUIT TO ENJOIN SMALL CLAIMS ACTIONS REGARDING NOISE FROM JOHN WAYNE AIRPORT f rom O'DONNF.LL $ GORDON December 29, 1982 Robert H. Burnham, Esq. City Attorney August 31, 1983 Page Two B. Le al 0 inions and Non -Liti ation Advice uc as Review an .ett ement Negotiations) Pierce O'Donnell 40 hrs. $5,000.00 Steven Pflaum/ Allan Ides 40 hrs. 4,200.00 Contingency 20 hrs. 2,100.00 TOTAL $11,300.00 C. Injunction Enforcement Proceedings Pierce O'Donnell 10 hrs. $1,250.00 Steven Pflaum/ Allan Ides 10 hrs. 1,050.00 Paralegal 5 hrs. 275.00 Contingency 75 hrs. 7,875.00 TOTAL $10,450.00 2. FEDERAL COURT LITIGATION Pierce O'Donnell 2 hrs. $ 250.00 Steven Pflaum/ Allan Ides 5 hrs. 525.00 Paralegal 2 hrs. 110.00 Contingency 10 hrs. 1,050.00 Expenses 250.00 TOTAL $2,185.00 SUMMARY: CEQA Litigation 27,975.00 PSA Litigation 2,185.00 GRAND TOTAL $30,160.00 ft THIS MEMORANDUM AND ITS CONTENTS ARE HIGHLY CONFIDENTIAL AND ARE A PRIVILEGED ATTORNEY- CLIENT COMMUNICATION. UNDER NO CIRCUMSTANCES SHOULD THIS MEMORANDUM OR THE OPINIONS STATED HEREIN BE DIVULGED TO ANYONE NOT PRIVY TO THE EXECUTIVE SESSIONS OF THE CITY COUNCIL. PLEASE DO NOT REPRODUCE THIS DOCUMENT. -ii- I. INTRODUCTION The Council has asked O'Donnell $ Gordon to consider to what extent, if at all, the City should become involved in the lawsuit recently filed by the County of Orange against members of the Airport Coalition. County of Orange. v. Williams, et al., No. 391959 (Sup. Ct. Orange County). A copy of the Complaint is attached as Appendix "A." In that lawsuit, the County seeks to quiet title to a "prescriptive avigation easement" over property located within the noise contours of John Wayne Airport (JB'A). In addition, O'Donnell $ Gordon has been asked by the Coalition to represent those of its members who have been named defendants in this lawsuit. This memorandum discusses the lawsuit, whether the City should become involved, and whether any conflict would arise between the interests of the City and the Coalition should O'Donnell $ Gordon represent the Coalition in this matter. II. NATURE. OF THE COUNTY'S LAWSUIT Beginning in late 1982, members of the Coalition began filing damage claims with the County claiming injury based upon excessive noise generated by jet aircraft taking off from JIVA. These filings are prerequisite to the institution of small claims actions in municipal court. In effect, the Coalition seeks to abate the nuisance caused by jet aircraft noise by filing small claims actions as often as permitted or until the perceived ' nuisance is abated. -1- • Robert H. Burnham, Esq. City Attorney August 31, 1983 Page Three The foregoing is my best estimate month period. The difficulty of uncertain progress of settlement whether the County's actions will ment proceedings. 0 of legal services for the two - estimating primarily stems from the negotiations and the uncertainty precipitate the need for enforce- If unexpected events occur, we will immediately notify you and submit a revised authorized estimate for your approval as required in the Agreement for Attorney Services. As you know, we consider it a privilege to represent the City. If you have any questions, please do not hesitate to call either Pierce or me. Best wishes, STEVEN F SFP /jr M k a 4D In response, the County has filed a preemptive suit seeking to enjoin use of the small claims tribunal. The County's position is that it has acquired an avigation easement by prescription over the properties located in the JWA take -off pattern. An avigation easement gives one the right to use the airspace over property for aviational purposes. A normal easement, such as a right of way, can be obtained by prescription by using another's property for ingress and egress over a certain period of time claiming to have the right to do so. The County contends that its acquisition of avigation easements forever bars nuisance actions by homeowners affected by noise from JWA. In addition, the County argues that nuisance actions are barred by the statute of limitations. Although arguably even an avigation easement would not permit the County to increase the noise levels generated by the airport, thus not barring all nuisance action. the establishment of any such easements would remove a major stumbling block to the County's efforts to expand JWA. Vindication of the extremely broad position asserted by the County, i.e., a complete ban on nuisance actions, would seriously undermine efforts by the City and its citizens to curb noise levels emanating from the Airport and take away much of the momentum against expansion generated by the City's victory in City of Newport Beach v. County of Orange. The legal issues to be resolved in the suit are quite significant. Whether the County can take an avigation easement by prescription presents an important and novel question of law -2- N affecting many citizens of the City of Newport Beach and surrounding areas. This question is yet to be resolved in California. In effect, the County claims it can surreptitiously take this property right without any compensation and then use the easement, forever, with impunity. The validity of the County's position is questionable, since the law does not permit a homeowner to file a lawsuit to enjoin the overflights that allegedly created the prescriptive easement. (Normally, one prevents another from obtaining an easement by prescription by interrupting the offending use.) A second important question is whether nuisance actions are entirely barred by the statute of limitations. The County's position is that the nuisance, if any, is permanent and that as a consequence the statute of limitations on actions seeking damages for the nuisance ran several years ago. The Coalition will claim that the nuisance is a continuing, not a permanent, nuisance and that noise generated within the relevant statutory period can be the basis for present nuisance actions. III. INTERVENTION BY THE CITY IN THE COUNTY'S LAWSUIT The purpose of the Airport Coalition in prosecuting small claims actions, i.e., to abate noise at JWA, is entirely consistent with the City's efforts to curb noise at JWA. The City has taken a vigorous stand against the unreasoned expansion of J19A largely because of the noise problems generated by the airport. The Coalition is attempting to address that same noise problem -3- M to through the small claims procedure. Indeed, actions seeking damages on a nuisance theory seem ideally suited to address this perennial problem. Vindication of the Coalition's right to seek such damages would force the County to confront the economic consequences of the noise problems caused by the airport. The question of the role that the City should play in this litigation, however, is quite another matter. One of the County's longstanding and vocal complaints against the City has been the accusation that the City has a single- minded goal: the shut -down of JWA. In this regard, the City, it is argued, will stop at nothing to see this goal realized. This was precisely the position expressed by the County in defending against the City's suit attacking EIR 232 and the JWA Plaster Plan. Of course, this argument is largely political, but to the extent that it is continously disseminated it can only undermine the City's efforts to operate politically in this sphere - -for example, to establish alternate airport sites. It would seem, therefore, that the City should avoid taking legal positions that would substantiate the County's claim unless necessary to the overall goal of noise abatement.. Intervention by the City in the immediate lawsuit, or contribution to the Coalition's defense fund, would very likely engender that same old criticism. While of little legal significance, this added fuel for the County's persistent position certainly would not advance the City's overall efforts to address the JWA noise problem. Moreover, the Airport Coalition appears to -4- ` r M so be willing and quite able to protect its interests at this point, and, unlike the City, it is not fettered by political restraints in advancing its cause. Thus, notwithstanding the congruence of interest between the City and the Coalition, there appears to be no reason for the City to become actively involved at this point. IV. O'DONNELL g GORDON'S REPRESENTATION OF THE AIRPORT COALITION MEMBERS O'Donnell & Gordon has been asked by the Coalition to defend its members in the County's lawsuit. Ile have advised the Coalition that we would not undertake to represent them without the consent of the City Council. The question is whether this representation would itself conflict with the interests of the City. We perceive no such conflict. As noted above, the interests of the City and the Coalition in controlling noise at JWA are nearly identical. Ile believe a vindication of the Coalition's position would significantly advance the City's interest in noise abatement at the airport. On the other hand, a defeat for the Coalition could undermine the active citizen involvement in airport - related matters that has helped spearhead the City's efforts to control growth at JWA. The only problem we perceive with respect to representation of the Coalition by O'Donnell & Gordon is of a political nature. Should the firm that represents the City in its -5- a y airport - related endeavors also represent a local citizens group engaged in airport litigation? There is a possibility that representation of the Coalition by O'Donnell & Gordon will be seen l by the City of the Coalition's by some as tacit approva activities. The County can surely be expected to make that�i allegation. We doubt that much can be made of such a speculative S consideration, but we think the Council should consider this point, largely a political one, before determining whether to consent to O'Donnell $ Gordon's representation of the Coalition. I The Council should also consider the theoretical possibility that O'Donnell $ Gordon could obtain confidential information from the City that was somehow relevant to the Coalition's litigation, or vice - versa. This would appear to be a remote possibility due to the discrete nature of the Coalition's lawsuit and the apparent lack of any confidential information bearing upon the facts of that suit. Obviously, if that were to happen we would have an ethical duty not to use that confidential information on behalf of our other client. In short, there exists no present conflict of interest with respect to O'Donnell & Gordon's representation of both the City and the Coalition. As a further protection against any potential future conflict, we would agree to withdraw immediately from our representation of the Coalition, consistent with the Code of Professional Responsibility, if such a conflict actually arose. M.-M . M V. CONCLUSION :J The City's interests in controlling the expansion of JWA are directly implicated by the County's lawsuit against members of the Airport Coalition. Nevertheless, due to the likely negative political consequences, we recommend that the City neither intervene in the County's lawsuit nor help defray the costs of the Coalition's representation. However, we request that the Council consent to O'Donnell $ Gordon's representation of the members of the Airport Coalition in that matter. DATED: December 29, 1982 Respectfully submitted, O'DONNELL & GORDON By y E 0 ONN L �P -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 W1! 15 16 17 18 19 20' 21'. 22 23 24' 25 26'. 27'. 28 0 0 Michael Scott Gatzke* State Bar No. 57076 -0 -6 Eckmann, Lodge 6 Gatzke t 2890 Pio Pico Drive, Suite E P. O. Box 1636 DEC 07M Carlsbad, California 92008 (714) 729 -2304 1EEABRANCH , County clerk BY *Professional Corporation Adrian Kuypers County Counsel Robert F. Nuttman, Assistant County Counsel R E C E I V E p 10 Civic Center Plaza, P. O. Box 1379 Santa Ana, California 92702 DEC 2 0 '2 (714) 834 -3300 O'Donnol & Gordon Attorneys for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE COUNTY OF ORANGE, Plaintiff, V. TOM WILLIAMS, .ROSALIND WILLIAMS, LOUISE ) D. ALLEN, WILLIAM A. ALLEN, HAROLD W. ) ANDERSON, JOHN N. ARGOS, DOLORES C. J BANGERT, RUSSELL W. BANGERT, ARTHUR H. F.) BARLOW, BETTY B. BARMAN, ROBERT T. ) BARMAN, G. W. BARTOW, JEANNE T. BARTOW, ) DAN E. BAYLESS, MARGARET H. BAYLESS, ) DONALD B. BEATTY, ANN R. BELL, HARRY L. ) BELL, DETTA BENSON, EDWARD P. BENSON, ) BAILEY BROOKS BERNARD, FRANCES P. BESTIC,`) MEI LIANG BICKNER, ROBERT E. BICKNER, a BARBARA B. BIXBY, JOHN C. BIXBY, FRANK H.) BROCK, PATRICIA BROCK, CHARLES BUSH, ) GEORGE V. BUTLER, MARY L. BUTLER, NANCY ) L. CALHOUN, WILLIAM W. CALHOUN, PRISCILLA) C. CLARK, WILLIAM B. CLARK, CHRISTINE L. ) COOK, WILLIAM L. COOK, JANE WALSH ) COURTNEY, MARCELYN JANE COURTNEY, ALVIN ) STEWART COX, PATRICIA EMISON COX, ) LAURENCE L. DABOLT, DONNA JO DAY, RICHARD) W. DAY, FRANK E. DISCHE, MARY L. DISCHE, ) "APPENDIX A" CASE NO.: J ! ' �/ COMPLAINT TO QUIET TITLE TO PRESECRIPTIVE AVIGATION EASEMENT, FOR DECLARATORY RELIEF AND FOR INJUNCTIONS E1 2 3 7 10 11 12 13 14 15 16', 17 18 19 20 21 22 23 24 25 26 27 m a • ALICE M. DIXON, JAMES C. DIXON, ALEXANDER F. DORA,) TRINA JARISH DORA, VIRGINIA F. DUNN, JANET P. ) FARRINGTON, LAWRENCE D. FARRINGTON, EVA MAE ) FEDORCHEK, MICHAEL G. FEDORCHEK, ESTHRR V. FINE, ) STUART W. FINE, FLORENCE FORTNER, GEORGE C. } FORTNER, MARGARET E. FORTNER, WILLIAM E. FORTNER, ) MARILYN A. FREEMAN, THEODORE L. FREEMAN, LAWRENCE ) E. GATES, MARGARET M. GATES, FRANCES M. GIBBONS, ) JAMES J. GIBBONS, AGNES GILMORE, GREGORY B. ) GILMORE, ANDREW W. GLASSELL, MILDRED GLASSELL ) BETTY L. GOULD, LAURENCE K. COULD, GEORGE'. R. GU,rH,) MARGUERITE R. GUTH, ES'THER A. GYURIK, STEPHEN ) GYURIK, ALAN D. HAGI:NBUCH, KATHERINE B. HAGENBUCH,) DOLORES F. HALLIDAY, ANNA L. HALL, LEONARD R. ) HALL, EDWIN C. HALL, EUNICE A. HALL, HUGH E. HILL,) LEOTA M. HILL, DANIEL HOLLANDER, PATSY ANN ) HOLLANDER, JESSIE M. HOLMES, WILLIAM C. HOLMES, ) HOWARD E. HOUSE, LAURA A. HOWARD, PAUL W. HOWARD, ) JACQUELINE J HUMPHRIES, J. C. HUMPHRIES, LAURENCE ) L. JACOBS, PATRICIA R. JACOBS, BRANCH PRICE ) KERFOOT, CAROL SAINDON KERFOOT, DRUCILLA G. ) KRAFT, EDWIN J. KRAFT, WILLIAM T. LANGJAHR, ) CATHERINE B. LATTIN, TRUMAN W. LATTIN, JACQUELINE ) LECLERC, ROBERT F. LECLERC, EUNICE R. LEOPOLD, ) IRVING H. LEOPOLD, CARLYLE M. LEVINSON, HELEN K. ) LEVINSON, GAIL M. LOVEJOY, LINDA L. LYLE, SANFORD ) P. LYLE, ANNE H. McWILLIAMS, THOMAS F. MCWILLIAMS,) ELAINE R. MARTIN, RICHARD MARTIN, IRENE H. ) MATHEWS, WILLIAM A. MATHEWS, THOMAS B. MATTHEWS, ) VELON M. MATTHEWS, RICHARD K. MENKIN, ESTERA HINDA) MESHI, JOSEPH MESHI, EUGENIA D. MILLER, ROSS J. ) MILLER, CHARLES MOSMANN, JANE: MOSMANN, ION MOURON,) GEORGE H. OCHSNER, VIRGINIA A. OCHSNER, GERALD E. ) ODEGAARD, MONA M. ODEGAARD, SARA J. PALMER, ) WILLIAM B. PALMER, CAROLINE K PATRICK, WILLIAM H. ) PATRICK, PATRICIA S. PAULEY, CAROL M. PELOQUIN, ) ALVIN B. PHILLIPS, SALLY A. PHILLIPS, HELEN R. ) REEDER, JOHN W. REEDER, JR., MARTHA A. REICHERT, ) MARGARET C. RYCKOFF, PAUL H. RYCKOFF, IRM ) SCHILLING, WALTER SCHILLING, KATHLEEN H. SCOTT, } CAROL W. SEIERSEN, DAMON PETER SEIERSEN, RICHARD ) A. SEWELL, SANDRA L. SEWELL, GLORIA SKLANSKY, JACK) SKLANSKY, JOHN E. SMITH, LUCILLE M. SMITH, ) GERALDINE E. SOMERS, MACLYN B. SOMERS, CHARLES D. ) SPENCER, GERALDINE A. SPENCER, DONALD H. SPENGLER,) CONNIE K. STARNES, LES 0. STARNES, RICHARD STEELE,) CLAIRE C. STRAUCH, FREDERIC P. STRAUCH, JR., ) MARGARET C. STRONG, MICHAEL C. STRONG, KATHERINE ) STUART, MARSHALL STUART, JOHN E. TAHL, MARJORIE A.) TAHL, JOHN S. VALLELY, KAREN A. VALLELY, FLORENCE ) VANDEGRIFT, ROGER VANDEGRIFT, ELSIE B. WALKER ) JOHNNIE WALKER, JOSEPHINE B. WAYMAN, BARBARA P. ) WHITE, H. WARREN WHITE, EDITH S. WICKER, SHERMAN ) T. WICKER, JOE B. WINKLEMANN, MARGERY S. WOLFE, ) THOMAS WOLFE, III, DOES 1 through 1,000, ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171 1811 191 i 20 21', 221 23 24 25 26 27I 2811 • • Inclusive, and all persons unknown claiming any ) legal or equitable right, title, estate lien or ) interest in any of the properties which are the ) subject of this complaint. ) Defendants. ) • 0 1 Plaintiff, the County of orange, alleges: 2 3 FIRST CAUSE OF ACTION 4 (To Quiet Title to a Prescriptive Avigation Easement) 5 6 1. Plaintiff, the County of Orange ( "County "), is a duly 7 authorized and organized political subdivision of the State of 8 California. The County is the proprietor of John Wayne Airport, 9 Orange County ( "JWA "). 10 11 2. Defendants Does 1 through 520, inclusive, identified in 12 Paragraphs 13.1.0 through 13.104.0, are sued by their fictitious 13 names, their true names and capacities presently being unknown to 14 plaintiff. Plaintiff is informed and believes that such 15 fictitiously named defendants have, claim or will claim an 16 interest in the individual properties which are the subject of 17 this action, as alleged and identified in paragraph 13 of this 18 complaint ( "the Subject Properties'). Does 521 through 1,000, 19 inclusive are sued by their fictitious names, their true names 20 and capacities presently being unknown to plaintiff. Plaintiff 21 is informed and believes that such fictitiously named defendants 22 have, claim or will claim an interest in one or more of the 23 Subject Properties. Plaintiff will seek leave of Court to amend 24 its complaint to state their true names when the identity of the 25 fictitiously named defendants has been ascertained. 26 27 3. Pursuant to California Code of Civil Procedure Section 28 762.060, the plaintiff also names as additional defendants all -1- • 0 1 persons unknown, claiming any legal or equitable right, title, 2 estate, lien, or interest in any of the Subject Properties 3 adverse to the plaintiff's title, or any cloud upon plaintiff's 4 title thereto, as such title is alleged in this complaint. 5 6 4. Those persons identified by name in Paragraph 13 of this 7 Complaint ( "the named defendants ") claim an interest in the 8 Subject Properties as further alleged and described in Paragraph 9 13. 10 11 5. All of the Subject Properties are located in the County 12 of Orange, California. 13 14 6. The named defendants have contended publicly that the 15 operation of JWA constitutes a nuisance in respect of their use 16 and enjoyment of the Subject Properties as to which each named 17 defendant claims an interest. The named defendants have each 18 contended that the routine and continuing operation of JWA as a 19 public airport causes excessive noise, vibrations and fumes, and 20 that such alleged effects of aircraft operations at JWA have 21 caused: (A) damage to the Subject Properties and various items 22 of personal property maintained by the named defendants at the 23 Subject Properties; and (B) damage and injury to the named 24 defendants: (i) resulting from interference with their sleep and 25 their use and enjoyment of the Subject Properties as to which 26 they claim an interest, together with the usual amenities of such 27 use and enjoyment; (ii) resulting from their inhalation of 28 unspecified toxic materials; and (iii) resulting from their fear -2- 1 of possible aviation hazards or accidents which might affect 2 their respective Subject Properties. 3 4 7. Commencing on or about July 1, 1982, the named 5 defendants have threatened to institute litigation against 6 plaintiff claiming such damage. The plaintiff is informed and 7 believes, and on that ground alleges that the named defendants 8 intend to initiate repetitive litiation against plaintiff in 9 respect of such claims for purposes of harrassing plaintiff, and 10 in disregard of plaintiff's title to an avigation easement 11 previously acquired by plaintiff in respect of each of the 12 Subject Properties, as alleged in this complaint. A declaration 13 quieting plaintiff's title to these easements is in the public 14 interest, necessary to preserve the free and effective use of the 15 rights afforded to plaintiff by its easements, and necessary 16 to preserve the public treasury against the expense of 17 unwarranted litigation threatened by the named defendants. 18 19 B. For more than five years prior to October 22, 1982, and 20 at all times since, aircraft have been operating from and to JWA 21 in an open, notorious, continuous, and uninterrupted manner, and 22 under a claim of right hostile to all claims of the defendants 23 and their predecessors in interest adverse to such airplane 24 operations. 25 26 9. Aircraft operations from and to JWA have not materially 27 increased or changed in number, type or nature during the period 28 of five years prior to July 1, 1982, nor any time since. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24' 25i 26 27 28 11 9 10. Without admitting the truth of the claims of the named defendants, or any of them, the damages they claim to have suffered, if actually incurred, are the result of the exercise by plaintiff of its easement rights, acquired by prescription. 11. Without admitting the truth of the claims of the named defendants, or any of them, the easement title which has been acquired by plaintiff in respect of each Subject Property is described as follows: A perpetual air or flight easement, commonly referred to as an avigation easement, on, upon, over, across, above and to all the airspace which overlies [the Subject Property]. This easement conveys to the County of Orange the use of such airspace above the surface of [the Subject property] to permit the imposition upon [the Subject Property], and its use for any and all purposes, of all noise, vibration, discomfort, inconvenience, interference with use and enjoyment and any consequent reduction of market value of [the Subject Property] due to the operation of aircraft to and from John Wayne Airport, Orange County. -4- 0 0 1 This easement constitutes an enforceable 2 restriction pursuant to the provisions of 3 Section 21652 of the California Public 4 Utilities Code, and shall bind all persons 5 with a present interest in [the Subject 6 Property) and their successors and assigns, 7 and each and all of them, and shall be 8 appurtenant to, and for the benefit of the 9 property now commonly known as John Wayne 10 Airport, Orange County. 11 12 or such other description as may be determined by the Court 13 following trial to fairly and accurately describe the rights 14 acquired by plaintiff by prescription through the operation of 15 JWA. 16 17 12. A determination of plaintiff's title as of July 1, 1982 18 is necessary to fully effect plaintiff's title and rights as 19 against the adverse claims of the named defendants. j 20 21 22 13. Defendants claim interests in the Subject Properties as 23 alleged below. Defendants are identified by name in Paragraphs 24 13.1.O.through 13.104.0, inclusive. The Subject Property as to 25 which the plaintiff is informed and believes that each defendant 26 claims an interest is designated by its commonly known street 27 address (paragraphs 13.1.1 - 13.104.1), assessor parcel number 28 . . . -5- • • 1 (paragraphs 13.1.2 - 13.104.2), and its assigned legal 2 description (paragraphs 13.1.3 - 13.104.3) as follows: 3 4 5 6 8 9 10 11 12 13 14 15 [CONTINUED ON NEXT PAGE] 16 17 18 19 20 21 22 23 24 25 26 . . . 27 . . . 28 . . . -6- 1 PARCEL NO. 1 2 13.1.0 Tom Williams, Rosalind Williams and Does 1 through 5 3 13.1.1 1708 Starlight Circle 4 Newport Beach, California 5 13.1.2 117 - 582 -08 6 13.1.3 Lot 24 of Tract No. 3763 as per Map recorded in book 131 pages 38 to 42 inclusive, of Miscellaneous 7 Maps, in the office of the County Recorder of said County. 8 PARCEL NO. 2 9 13.2.0 Louise D. Allen, William A. Allen and Does 6 10 through 10 11 13.2.1 201 East Bay Front Balboa Island, California 12 13.2.2 The Assessor's Parcel Number for this property is 13 presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct 14 Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 15 Parcel Number when it is determined. 16 13.2.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due 17 diligence to discover the correct legal description of this property, and it will amend its complaint 18 to state the legal description when it is determined. 19 20 PARCEL NO. 3 21 13.3.0 Harold W. Anderson and Does 11 through 15 22 13.3.1 2335 Mesa Drive Santa Ana Heights, California 23 13.3.2 The Assessor's Parcel Number for this property is 24 presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct 25 Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 26 Parcel Number when it is determined. 27 13.3.3 Lot 43 of Tract No. 6407, as per map recorded in Book 237, Pages 40 and 41 of Miscellaneous Maps, in 28 the office of the County Recorder of said County. -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 201 21 221 2311 i 24 25 26 27 28 1 PARCEL NO. 4 13.4.0 John N. Argos and Does 16 through 20 13.4.1 1907 Windward Lane Newport Beach, California 13.4.2 117 - 733 -08 13.4.3 Lot 2, Tract 4463, as shown on a map recorded in Book 161, Pages 3 and 4 of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. PARCEL NO. 5 13.5.0 Dolores C. Bangert, Russell W. Bangert and Does 21 through 25 13.5.1 1430 Estelle Lane Newport Beach, California 13.5.2 117 - 491 -01 13.5.3 The legal description unknown to plaintiff. diligence to discover of this property, and to state the legal de determined. of this property is presently Plaintiff is using all due the correct legal description it will amend its complaint scription when it is PARCEL NO. 6 13.6.0 Arthur H. F. Barlow, Martha A. Reichert and Does 26 through 30 13.6.1 2000 Vista Caudal Newport Beach, California 13.6.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.6.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct legal description of this property, and it will amend its complaint to state the legal description when it is determined. ri 31 4 5 6 7 F-I I 9 10 11 12 13 14 15 161 i 17! 18, 19' 20 21 22 23 24 25 26 27 28 0 0 PARCEL NO. 7 13.7.0 Betty B. Barman, Robert T. Barman and Does 31 through 35 13.7.1 408 Onda Newport Beach, California 13.7.2 931 -69 -067 13.7.3 Lot 57 of Tract No. 7082 as shown on a map recorded in Book 269 Pages 23, 24 & 25 of Miscellaneous Maps, records of Orange County, California PARCEL NO. 8 13.8.0 G. W. Bartow, Jeanne T. Bartow and Does 36 through 40 13.8.1 1815 Tahuna Terrace Corona del Mar, California 13.8.2 50- 344 -03 13.8.3 Lot 108, Tract No. 2813, as shown on a map recorded in Book 94, Pages 45, 46 & 47 of Miscellaneous Maps, records of Orange County, California. PARCEL NO. 9 13.9.0 Dan E. Bayless, Margaret H. Bayless and Does 41 through 45 13.9.1 706 Malabar Drive Corona del Mar, California 13.9.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.9.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct legal description of this property, and it will amend its complaint to state the legal description when it is determined. -9- 1 0 0 1 PARCEL NO. 10 2 13.10.0 Donald B. Beatty and Does 46 through 50 3 13.10.1 307 Lindo Avenue Balboa, California 4 13.10.2 The Assessor's Parcel Number for this property is 5 presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct 6 Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 7 Parcel Number when it is determined. 8 13.10.3 Lot 134 of The Subdivision of Block "A" East Newport, as per map filed in the Office of the 9 County Recorder of the County of Orange, State of California, in Book 4 of Miscellaneous Maps, at 10 Page 51 thereof. 11 PARCEL NO. 11 12 13.11.0 Ann R. Bell, Harry L. Bell and Does 51 through 55 13 13.11.1 1332 Santiago Drive Newport Beach, California 14 13.11.2 117 - 774 -14 15 13.11.3 Lot 6 of Tract No. 3852, as shown on a map recorded 16 in Book 181 Page 5 - 7 of Miscellaneous Maps, records of said county. 17 18 PARCEL NO. 12 19 13.12.0 Detta Benson, Edward P. Benson and Does 56 through 60 20 13.12.1 1028 Westwind Way 21 Newport Beach, California 22 13.12.2 117 - 702 -19 23 13.12.3 Lot 185 of Tract No. 4224, as shown on a map filed in Book 157, Pages 1 to 14 inclusive, of 24 Miscellaneous Maps, records of Orange County, California. 25 26 27 28 -10- 1 1 2 3 4 5 6 7 8 9 10 11 12 13' W11 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PARCEL NO. 13 13.13.0 Bailey Brooks Bernard and Does 61 through 65 13.13.1 3016 -A Breakers Drive P. O. Box 232 Corona del Mar, California 13.13.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.13.3 The legal description unknown to plaintiff. diligence to discover of this property, and to state the legal de determined. PARCEL NO. 14 of this property is presently Plaintiff is using all due the correct legal description it will amend its complaint scription when it is 13.14.0 Frances P. Bestic and Does 66 through 70 13.14.1 609 Vista Bonita Newport Beach, California 13.14.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.14.3 Lot 9 of Tract No. 5877 as shown on a map recorded in Book 218 Page 10/13 of Miscellaneous Maps, records of Orange County, California. PARCEL NO. 15 13.15.0 Mei Liang Bickner, Robert E. Bickner and Does 71 through 75 13.15.1 1991 Vista Caudal Newport Beach, California 13.15.2 931 -55 -053 13.15.3 Lot 53 of Tract 6523 as per map recorded in Book 254, Pages 47 to 50 inclusive of Miscellaneous Maps in the office of the recorder of said Orange County. -11- 5 6 7 8 9 10. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 W1 • • PARCEL NO. 16 13.16.0 Barbara B. Bixby, John C. Bixby and Does 76 through 80 13.16.1 1627 Highland Drive Newport Beach, California 13.16.2 117 - 594 -17 13.16.3 Lot 13, Tract 3800, as per map recorded in Book 132, Pages 14, 15 and 16 of Miscellaneous Maps in the office of the County Recorder of said County. PARCEL NO. 17 13.17.0 Frank H. Brock, Patricia Brock and Does 81 through 85 13.17.1 1520 Ruth Lane Newport Beach, California 13.17.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff, Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined, 13.17.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct legal description of this property, and it will amend its complaint to state the legal description when it is determined. PARCEL NO. 18 13.18.0 Charles Busch and Does 86 through 90 13.18.1 1618 Highland Drive Newport Beach; California 13.18.2 117 - 592 -06 13.18.3 Lot 7 of Tract No. 3800 as shown on a map recorded in Book 132, Pages 14 to 16 inclusive of Miscellaneous Maps, in the office of the County Recorder of said Orange County. -12- • 0 1 PARCEL NO. 19 2 13.19.0 George V. Butler, Mary L. Butler and Does 91 through 95 3 13.19.1 1836 Santiago Drive 4 Newport Beach, California 5 13.19.2 117 - 642 -13 6 13.19.3 Lot 296 of Tract No. 4224, as shown on a map recorded in Book 157, Pages 1 to 14 inclusive of 7 Miscellaneous Maps, records of Orange County, California. 8 PARCEL NO. 20 9 13.20.0 Nancy L. Calhoun, William W. Calhoun and Does 96 10 through 100 11 13.20.1 2116 Vista Entrada Newport Beach, California 12 13.20.2 The Assessor's Parcel Number for this property is 13 presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct 14 Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 15 Parcel Number when it is determined. 16 13.20.3 A LEASEHOLD ESTATE IN AND TO: 17 Lot 6, Tract 5878, as shown on a map recorded in Book 299, Pages 35 to 40 of Miscellaneous Maps, in 18 the office of the County Recorder of Orange County. 19 TOGETHER WITH all buildings and other improvements 20 on said land. 21 22 23 24 25 26 27 28 -13- 0 0 1 PARCEL NO. 21 2 13.21.0 Priscilla C. Clark, William B. Clark and Does 101 through 105 3 13.21.1 1310 Balboa Blvd. 4 Balboa, California 5 13.21.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using 6 all due diligence to discover the correct Assessor's Parcel Number for this property, and it 7 will amend its complaint to state the Assessor's Parcel Number when it is determined. 8 13.21.3 Lots 6 and 7 in Block 21 of East Side Addition to 9 the Balboa Tract, as per map recorded in Book 4, Page 20 of Miscellaneous Maps, in the office of the 10 County Recorder of said County. 11 Lots 6 and 7 in Block "M" of Bay Front Section of the Balboa Tract, as per map recorded in Book 6, 12 page 15 of Miscellaneous Maps, in the office of the County Recorder of said County. 13 EXCEPT any portion thereof lying below the line of 14 mean high tide of the Pacific Ocean in Newport Bay. 15 ALSO EXCEPT that portion thereof lying Northerly of 16 the United States Government Bulkhead line between Station 109 and 110 as shown on the "map of Newport 17 Bay California, showing Harbor Lines" approved January 18, 1917, by Wm. Ingrahm, Assistant 18 Secretary of War. 19 That portion of Bay Avenue adjoining Block 21 of East Side Addition to the Balboa Tract, as per map 20 recorded in Book 4, page 20 of Miscellaneous Maps, in the office of the County Recorder of said 21 County, which would pass by operation of, law with a conveyance of the land described in Parcels 1 and 2 22 herein, 23 EXCEPT any portion thereof lying below the line of mean high tide of the Pacific Ocean in Newport Bay. 24 25 26 27 28 -14- • • 1 PARCEL NO. 22 2 13.22.0 Christine L. Cook, William L. Cook and Does 106 through 110 3 13.22.1 2012 Windward Lane 4 Newport Beach, California 5 13.22.2 117 - 575 -08 6 13.22.3 Lot 14 of Tract 3975 as per map recorded in Book 181 Pages 45 and 46 of Miscellaneous Maps in the 7 Office of the County Recorder of said County. 8 PARCEL NO. 23 9 13.23.0 Jane Walsh Courtney, Marcelyn Jane Courtney and Does 111 through 115 10 13.23.1 1822 Leeward Lane 11 Newport Beach, California 12 13.23.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using 13 all due diligence to discover the correct Assessor's Parcel Number for this property, and it 14 will amend its complaint to state the Assessor's Parcel Number when it is determined. 15 13.23.3 The legal description of this property is presently 16 unknown to plaintiff. Plaintiff is using all due diligence to discover the correct legal description 17 of this property, and it will amend its complaint to state the legal description when it is determined 18 19 20 21 22 23 24 25 26 27 28 I -15- 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i PARCEL NO. 24 • 13.24.0 Alvin Stewart Cox, Patricia Emison Cox and Does 116 through 120 13.24.1 2615 S. E. Mesa Drive Santa Ana, California 13.24.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.24.3 That portion of Block 51 of Irvine's Subdivision, partly in the City of Newport Beach, partly in the County of Orange, State of California as per map filed in Book 1, Page 88 or Miscellaneous Record Maps in the office of the County Recorder of said County, described as follows: Commencing at the Westerly terminus of that certain curve described as being concave Northwesterly having a radius of 1550.00 feet and a central angle of 22032141" in Parcel 4 in the deed to the County of Orange, recorded February 26, 1969 in Book 8885, Page 409 of Official Records of said County, a radial to said terminus bears South 5023144" East; thence Westerly 109.73 feet along the continuation of said curve through an angle of 4003122" to the Southwest line of the land described in the deed to Alvin S. Cox recorded in Book 2039, Page 225 of said official Records and the :Prue Point of Beginning, thence continuing Westerly along said curve 257.39 feet through an angle of 9030152" to the Easterly line of the land described in the deed to George M. Holstein, III recorded March 21, 1951 in Book 2161, Page 375 of said Official Records; thence North 13037144" East along said Easterly line 174.50 feet to the Southwesterly line of said land of Alvin S. Cox; thence South 49022116" East 283.98 feet along said Southwesterly line to the True Point of Beginning. -16- a i 1 PARCEL NO. 25 2 13.25.0 Laurence L. Dabolt and noes 121 through 125 3 13.25.1 1900 Beryl Newport Beach, California 4 13.25.2 The Assessor's Parcel Number for this property is 5 presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct 6 Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 7 Parcel Number when it is determined. 8 13.25.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due 9 diligence to discover the correct legal description of this property, and it will amend its complaint 10 to state the legal description when it is determined. 11 PARCEL NO. 26 12 13.26.0 Donna Jo Day, Richard W. Day and Does 126 through 1.3 130 14 13.26.1 1601 Pegasus Street Santa Ana, California 15 13.26.2 The Assessor's Parcel Number for this property is 16 presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct 117 Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 18 Parcel Number when it is determined. 19 13.26.3 Lot 10 of Tract No. 4307, as per map recorded in Book 153, Pages 18, 19 and 20 of Miscellaneous 20 Maps, in the office of the County Recorder of said County. 21 22 23 24 25 26 27 28 -17- 1 2 3 4 5 6 7 8 91 10i 11, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 PARCEL NO. 27 13.27.0 Frank E. Dische, Mary L. Dische and Does 131 through 135 13.27.1 1828 Leeward Lane Newport Beach, California 13.27.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.27.3 The legal description unknown to plaintiff. diligence to discover of this property, and to state the legal de determined. PARCEL NO. 28 of this property is presently Plaintiff is using all due the correct legal description it will amend its complaint scription when it is 13.28.0 Alice M. Dixon, James C. Dixon and Does 136 through 140 13.28.1 519 Avenida Campo Newport Beach, California 13.28.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.28.3 The legal description unknown to plaintiff. diligence to discover of this property, and to state the legal de determined. of this property is presently Plaintiff is using all due the correct legal description it will amend its complaint scription when it is -18- I 2 3 4 5 6 7 8 9 10 11 12 13' 14' 15 16 17' 18 19 20 21 22 23 24 25 26 27 28 PARCEL NO. 29 13.29.0 Alexander F. Dora, Trina Jarish Dora and Does 141 through 145 13.29.1 1038 Santiago Drive Newport Beach, California 13.29.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.29.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct legal description of this property, and it will amend its complaint to state the legal description when it is determined. PARCEL NO. 30 13.30.0 Virginia F. Dunn and Does 146 through 150 13.30.1 2012 Commodore Road Newport Beach, California 13.30.2 117 - 431 -09 13.30.3 Lot 45 of Tract 3082, as shown on a map recorded in Book 91, Pages 12 and 13 of Miscellaneous Maps, records of said Orange County. PARCEL NO. 31 13.31.0 Janet P. Farrington, Lawrence D. Farrington and Does 151 through 155 13.31.1 1227 Highland Drive Newport Beach, California 13.31.2 117 - 464 -14 13.31.3 Lot 42 of Tract No. 3031, as shown on a map recorded in Book 96, Pages 24 thru 26 of Miscellaneous Maps, in the office of the County Recorder of said County. -19- l • i 1 PARCEL NO. 32 2 13.32.0 Eva Mae Fedorchek, Michael G. Fedorchek and Does 156 through 160 3 13.32.1 20152 Redlands Drive 4 Santa Ana, California 5 13.32.2 119- 362 -09 6 13.32.3 Lot No. 34 of Tract No. 4307 as per map recorded in Book 153, Pages 18 -20 of Miscellaneous Maps in the 7 office of County Recorder in said County. 8 PARCEL NO. 33 9 13.33.0 Esther V. Fine, Stuart W. Fine and Does 161 through 165 10 13.33.1 1830 Santiago Drive Newport Beach, California 11 13.33.2 49- 062 -05 12 13.33.3 Lot 7 in Block 26, First Addition to Newport 13 Heights, City of Newport Beach, as per map recorded in Book 4, Page 94 of Miscellaneous Maps in the 14 office of the Recorder of said County. 15 PARCEL NO. 34 16 13.34.0 Florence Fortner, George C. Fortner and Does 166 17 through 170 is 13.34.1 1004 South Bay Front Balboa Island, California 19 13.34.2 The Assessor's Parcel Number for this property is 20 presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct 21 Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 22 Parcel Number when it is determined. 23 13.34.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due 24 diligence to discover the correct legal description of this property, and it will amend its complaint 25 to state the legal description when it is determined. 26 27 28 -20- 1 PARCEL NO. 35 2 13.35.0 Margaret E. Fortner, William E. Fortner and Does 171 through 175 3 13.35.1 1006 South Bay Front 4 Balboa Island, California 5 13.35.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using 6 all due diligence to discover the correct Assessor's Parcel Number for this property, and it 7 will amend its complaint to state the Assessor's Parcel Number when it is determined. B 13.35.3 The legal description of this property is presently 9 unknown to plaintiff. Plaintiff is using all due diligence to discover the correct legal description 10 of this property, and it will amend its complaint to state the legal description when it is 11 determined. 12 PARCEL NO. 36 13 13.36.0 Marilyn A. Freeman, Theodore L. Freeman and Does 176 through 180 14 13.36.1 2427 Vista Nobleza 15 Newport Beach, California 16 13.36.2 118 - 081 -10 17 13.36.3 Lot 7 of Tract No. 269, South Santa Ana Subdivision No. 2, in the City of Costa Mesa, as shown on a map 18 recorded in Book 18, Page 33 of Miscellaneous Maps, records of Orange County, California. 19 EXCEPTING THEREFROM the Northwesterly 71.02 feet 20 thereof. 21 22 23 24 25 26 27 28 -21- 1 2 3 4 5 6 7 8 9 10 11 12 13', 14i 151 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PARCEL NO. 37 13.37.0 Lawrence E. Gates, Margaret M. Gates and Does 181 through 185 13.37.1 424 Vista Flores Newport Beach, California 13.37.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.37.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct legal description of this property, and it will amend its complaint to state the legal description when it is determined. PARCEL NO. 38 13.38.0 Frances M. Gibbons, James J. Gibbons and Does 186 through 190 13.38.1 723 Santana Drive Corona del Mar, California 13.38.2 050- 361 -08 13.38.3 Lot 37 of Tract No. 1700, as per map recorded in Book 52, Pages 7 and 8 of Miscellaneous Maps in the office of the County Recorder of said County. -22- 1 2 3 4 5 6 7 N 9 10 11 12 13 14'. 15' 16' 17', 18 19 20 21 22 23i 24 25 26 27 M PARCEL NO. 39 13.39.0 Agnes Gilmore, Gregory B. Gilmore and Does 191 through 195 13.39.1 800 Ceiba Place Newport Beach, California 13.39.2 933 -38 -163 13.39.3 Unit 26 of Lot No. 1 of Tract No. 8835 as per map recorded in Book 352, Pages 31 thru 35 of Miscellaneous Maps, in the office of the County Recorder of orange County. Unit 26 of the certain condominium project shown and described on the condominium plan, in the City of Newport Beach, County of Orange, State of California, recorded April 3, 1975 in Book 11370 Page 1224, Official Records and in the Declaration of Covenants, Conditions and Restrictions for Newport Terrace recorded November 19, 1973 in Book 10994 Page 528, official Records, as amended by an instrument recorded January 22, 1974 in Book 11061 Page 1073 and re- recorded February 5, 1974 in Book 11070 Page 626, official records and the supplementary Declaration of Covenants, Conditions and Restrictions recorded April 3, 1975 in Book 11370 Page 1264, Official Records (Said Declaration, Amendment and Supplementary Declaration collectively being the Enabling Declaration establishing a plan for condominium ownership.) An undivided 1 /46th interest in and to the common area being further described as follows; Lot 1 of Tract No. 8835, as shown on a map recorded in Book 352 Pages 31 to 35 of Miscellaneous Maps, records of Orange County, California. Except therefrom Units 1 through 46 inclusive as shown and described on the plan and the enabling Declaration. -23- 1{ I i 1 PARCEL NO. 40 2 13.40.0 Andrew W. Glassell., Mildred Glassell and Does 196 through 200 3 13.40.1 1204 South Bay Front 4 Balboa Island, California 5 13.40.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using 6 all due diligence to discover the correct Assessor's Parcel Number for this property, and it 7 will amend its complaint to state the Assessor's Parcel Number when it is determined. 8 13.40.3 Lot 3 of Block 21 of Section 3, Balboa Island as 9 shown on a map recorded in Book 7, Page 15 of Miscellaneous Maps in the Records of Orange County, 10 California. 11 PARCEL NO. 41 12 13.41.0 Betty L. Gould, Laurence K. Gould and Does 201 through 205 13 13.41.1 116 Grand Canal 14 Balboa Island, California 15 13.41.2 50- 181 -06 16 13.41.3 Lot Twenty -Two (22) in Block One (1) of Section Five (5), Balboa Island, as shown on a map recorded 17 in Book 8, Page 8 of Miscellaneous Maps, records, of Orange County, California. 18 19 PARCEL NO. 42 20 13.42.0 George R. Guth, Marguerite R. Guth and Does 206 through 210 21 13.42.1 1127 Berkshire Lane 22 Newport Beach, California 23 13.42.2 117 - 965 -05 24 13.42.3 Lot 13 of Tract No. 3031, as shown on a map recorded in Book 96, pages 24 - 26 of Miscellaneous 25 Maps, records of said County. 26 27 28 -24- 1{ I i i • i i 1 PARCEL NO. 43 2 13.43.0 Esther A. Gyurik, Stephen Gyurik and Does 211 through 215 3 13.43.1 1930 Galaxy Drive 4 Newport Beach, California 5 13.43.2 117 - 641 -06 6 13.43.3 A Leasehold interest in and to Lot 20 of Tract No. 4224, as per Map recorded in Hook 157 Pages 1 to 14 7 of Miscellaneous Maps in the office of the County Recorder of Orange County. 8 PARCEL NO. 44 9 13.44.0, Alan D. Hagenbuch, Katherine B. Hagenbuch and Does 10 216 through 220 11 13.44.1 2400 University Drive Newport Beach, California 12 13.44.2 930 -46 -011 13 13.44.3 Lot 11 and an undivided 1/33 interest in Lot 34 of 14 Tract No. 4444, as per map recorded in Book 156, Pages 11 and 12 of Miscellaneous Maps, in the 15 office of the County Recorder of said County. 16 PARCEL NO. 45 17 13.45.0 Dolores F. Halliday and Does 221 through 225 18 13.45.1 1601 Tradewinds Lane Newport Beach, California 19 13.45.2 The Assessor's Parcel Number for this property is 20 presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct 21 Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 22 Parcel Number when it is determined. 23 13.45.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due 24 diligence to discover the correct legal description of this property, and it will amend its complaint 25 to state the legal description when it is determined. 26 27 28 —25— 11 2 3 4 5 6 71 A a 10'. 1' I 10 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E • PARCEL NO. 46 13.46.0 Anna L. Hall, Leonard R. Hall and Does 226 through 230 13.46.1 1724 Antiqua Way Newport Beach, California 13.46.2 117 - 653 -08 13.46.3 Lot 282 of Tract No. 4224, as shown on a map filed in Book 157, Pages 1 to 14 inclusive, of Miscellaneous Maps, records of Orange County, California. PARCEL NO. 47 13.47.0 Edwin C. Hall, Eunice A. Hall and Does 231 through 235 13.47.1 1572 Indus Street Santa Ana, California 13.47.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.47.3 Lot 13 of Tract No. 4307, as per map recorded in Book 153, Pages 18, 19 and 20 of Miscellaneous Maps, in the office of the County Recorder of said County. RCEL NO. 48 13.48.0 Hugh E. Hill, Leota M. Hill and Does 236 through 240 13.48.1 2175 Vista Entrada Newport Beach, California 13.48.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.48.3 Lot 52 of Tract 5878 as per map recorded in Book 229, Pages 35 to 40 inclusive of Miscellaneous Maps in the office of the County Recorder of said County. -26- • 0 1 PARCEL NO. 49 2 13.49.0 Daniel Hollander, Patsy Ann Hollander and Does 241 through 245 3 13.49.1 213 Via Dijon 4 Newport Beach, California 5 13.49.2 046- 122 -28 6 13.49.3 Lot 1034 and the Northeasterly 10 feet of Lot 1035 of Tract 907 as shown on a Map recorded in Book 28, 7 pages 25 to 36 inclusive of Miscellaneous Maps, records of Orange County, California. 8 PARCEL NO. 50 9 13.50.0 Jessie M. Holmes, William C. Holmes and Does 246 10 through 250 11 13.50.1 1146 Polaris Drive Newport Beach, California 12 13.50.2 The Assessor's Parcel Number for this property is 13 presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct 14 Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 15 Parcel Number when it is determined. 16 13.50.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due 17 diligence to discover the correct legal description of this property, and it will amend its complaint i8 to state the legal description when it is determined' 19 PARCEL NO. 51 20 13.51.0 Howard E. House and Does 251 through 255 21 13,51.1 701 Bellis Street Newport Beach, California . 22 13.51.2 The Assessor's Parcel Number for this property is 23 presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct 24 Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 25 Parcel Number when it is determined. 26 13.51.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due 27 diligence to discover the correct legal description of this property, and it will amend its complaint 2H to state the legal description when it is determined -27- 1 2 3 41 51 6 7 E; 9 10 11 12, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • 0 PARCEL NO. 52 13.52.0 Laura A. Howard, Paul W. Howard and Does 256 through 260 13.52.1 311 East Bay Front Balboa Island, California 13.52.2 050- 201 -15 13.52.3 Lot 30 of Tract 742, as per map recorded in Book 23, Page 42 of Miscellaneous Maps, Records of Oranqe County, California. PARCEL NO. 53 13.53.0 Jacqueline J. Humphries, J. C. Humphries and Does 261 through 265 13.53.1 1836 Galaxy Drive Newport Beach, California 13.53.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined, 13.53.3 Lot 28 of Tract No. 4224, as shown on a map recorded in Book 157, Pages 1 to 14 inclusive of Miscellaneous Maps, in the office of the County Recorder of said County. TOGETHER WITH all buildings and other improvements on said land. PARCEL NO. 54 13.54.0 Laurence L. Jacobs, Patricia R. Jacobs and Does 266 through 270 13.54.1 2006 Holiday Road Newport Beach, California 13.54.2 117 - 572 -22 13.54.3 Lot 66 of Tract No. 3763, as shown on a map recorded in Book 131, Pages 38 -42 of Miscellaneous Maps, records of said County. -28- 11 2 3 4 5 6 7 8 0AI 10 11 12 13 14 15 16 17 18 19 20 1 21 22 23 24 25 26 27 28 u i PARCEL NO. 55 13.55.0 Branch Price Kerfoot, Carol Saindon Kerfoot and Does 271 through 275 13.55.1 Newport Beach, California 13.55.2 117- 771 -01 13.55.3 LOT FIFTY -TWO (52), Tract 3652, as shown on a Map recorded in Book 181, Pages 5 to 7, inclusive, of Miscellaneous Maps, records of Orange County, California. PARCEL NO. 56 13.56.0 Drucilla G. Kraft, Edwin J. Kraft and Does 276 through 280 13.56.1 2252 Vista Huerta Newport Beach, California 13.56.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.56.3 Lot 49 of Tract No. 5798, as shown on a map recorded in Book 212, Page 32 -36, of Miscellaneous Maps, Records of Orange County, California. TOGETHER WITH all buildings and other improvements on said premises. PARCEL NO. 57 13.57.0 William T. Langjahr and Does 281 through 285 13.57.1 320 Collins Avenue Balboa Island, California 13.57.2 050 - 081 -02 13.57.3 Lot 10 in Block 12 of Section 3, Balboa Island as per map recorded in Book 7, Page 15 of Miscellaneous Maps in the office of the County Recorder of said County. -29- U 1 2 3 4, i 5 6 7 9 10 11 121 13ii 141 15 16 17'1 181 191' 20 211 22'. 23 24 25 26 27' 2811 � � 1 PARCEL NO. 58 13.58.0 Catherine B. Lattin, Truman W. Lattin and Does 286 through 290 13.58.1 220 -222 Grand Canal Balboa Island, California 13.58.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.58.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct legal description of this property, and it will amend its complaint to state the legal description when it is determined. PARCEL NO. 59 13.59.0 Jacqueline Leclerc, Robert F. Leclerc and Does 291 through 295 13.59.1 20091 Kline Drive Santa Ana, California 13.59.2 119 - 351 -03 13.59.3 Lot 19 of Tract 4146 as per map recorded in Book 153, Pages 21 and 22 of Miscellaneous Maps, Records of Orange County, California. PARCEL NO. 60 13.60.0 Eunice R. Leopold, Irving H. Leopold and Does 296 through 300 13.60.1 1484 Galaxy Drive Newport Beach, California 13.60.2 117 - 671 -04 13.60.3 Lot 68 of Tract No. 4224, as shown on a map recorded in Book 157, Pages 1 to 14 inclusive of Miscellaneous Maps, records of Orange County, California. -30- PARCEL NO. 61 2 13.61.0 Carlyle M. Levinson, Helen K. Levinson and Does 301 through 305 3 13.61.1 400 Carlotta 4 Newport Reach, California 5 13.61.2 930 - 360 -07 6 13.61.3 Lot 7 and 7G of Tract No. 5463 as shown on a map recorded in Book 195, Pages 41/44 inc. of 7 Miscellaneous Maps, records of Orange County, California. 8 TOGETHER WITH all buildings and other improvements 9 on said land. 10 PARCEL NO. 62 11 13.62.0 Gail M. Lovejoy and Does 306 through 310 12 13.62.1 1723 Miramar Drive Balboa, California 13 13.62.2 The Assessor's Parcel Number for this property is 14 presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct 15 Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 16 Parcel Number when it is determined. 17 13.62.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due 18 diligence to discover the correct legal description of this property, and it will amend its complaint 19 to state the legal description when it is determined. 20 PARCEL NO. 63 21 13.63.0 Linda L. Lyle, Sanford P. Lyle and Does 311 through 22 315 23 13.63.1 1824 Santiago Drive Newport Beach, California 24 13.63.2 117 - 642 -15 25 13.63.3 Lot 294 of Tract No. 4224, as shown on a map 26 recorded in Book 157, pages 1 to 14 inclusive of Miscellaneous Maps, records of Orange County, 27 California. 28 -31- Mir 2 3 4 5 6 7 8 9 10 11 12 13 14 15 161 17'. 18 19 20 21 22, 23 24 25 26 27 28 PARCEL NO. 64 13.64.0 Anne H. McWilliams, Thomas F. McWilliams and Does 316 through 320 1222 Somerset Lane 13.64.1 Newport Beach, California 13.64.2 117 - 462 -17 13.64.3 Lot 28 of Tract No. 3032, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 93, Pages 14 and 15 of Miscellaneous Maps, in the office of the County Recorder of said County. PARCEL NO. 65 13.65.0 Elaine R. Martin, Richard Martin and Does 321 through 325 13.65.1 405 N. Bay Front Balboa Island, California 13.65.2 050 - 031 -04 13.65.3 Lot 3 of Block 8, of the Resubdivision of Section 1 of Balboa Island, as shown on a map recorded in Book 6, Page 30 of Miscellaneous Maps, Records of Orange County, California PARCEL NO. 66 13.66.0 Irene H. Mathews, William A. Mathews and Does 326 through 330 13.66.1 1227 Santiago Drive Newport Beach, California 13.66.2 117 - 692 -08 13.66.3 Lot 235 of Tract No. 4224, as shown on a map filed in Book 157,. Pages 1 to 14 inclusive, of Miscellaneous Maps, records of Orange County, California. -32- i i 1 r Is 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PARCEL NO. 68 13.68.0 13.68.1 13.68.2 13.68.3 PARCEL NO. 69 CJ � Thomas B. Matthews, Velon M. Matthews and Does 331 through 335 1066 Santiago Drive Newport Beach, California 117- 702 -12 Lot 203 of Tract No. 4224, as shown on a map recorded in Book 157, Pages 1 to 14 inclusive of Miscellaneous Maps, records of Orange County, California. Richard K. Menkin and Does 336 through 340 2711 Vista Umbrosa Newport Beach, California 932 -69 -048 Lot 48 of Tract No. 6905 as shown on a map filed in Book 308, Pages 27 to 32 inclusive, of Miscellaneous Maps, Records of Orange County, California. An appurtenant non - exclusive easement for ingress and egress throughout Lot 65. 13.69.0 Estera Hinda Meshi, Joseph Meshi and Does 341 through 345 13.69.1 2268 Golden Circle Newport Beach, California 13.69.2 119 - 253 -05 13.69.3 Lot 53 of Tract No. 3068, as shown on a map recorded in book 93, pages 9, 10 and 11 of Miscellaneous Maps, in the office of the County Recorder of said County. —33— 1 PARCEL NO. 67 2 13.67.0 3 13.67.1 4 5 13.67.2 6 13.67.3 7 Is 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PARCEL NO. 68 13.68.0 13.68.1 13.68.2 13.68.3 PARCEL NO. 69 CJ � Thomas B. Matthews, Velon M. Matthews and Does 331 through 335 1066 Santiago Drive Newport Beach, California 117- 702 -12 Lot 203 of Tract No. 4224, as shown on a map recorded in Book 157, Pages 1 to 14 inclusive of Miscellaneous Maps, records of Orange County, California. Richard K. Menkin and Does 336 through 340 2711 Vista Umbrosa Newport Beach, California 932 -69 -048 Lot 48 of Tract No. 6905 as shown on a map filed in Book 308, Pages 27 to 32 inclusive, of Miscellaneous Maps, Records of Orange County, California. An appurtenant non - exclusive easement for ingress and egress throughout Lot 65. 13.69.0 Estera Hinda Meshi, Joseph Meshi and Does 341 through 345 13.69.1 2268 Golden Circle Newport Beach, California 13.69.2 119 - 253 -05 13.69.3 Lot 53 of Tract No. 3068, as shown on a map recorded in book 93, pages 9, 10 and 11 of Miscellaneous Maps, in the office of the County Recorder of said County. —33— 0 1 2' 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17' 18' i 19 20I 21 22j 23'I 24I 25 26 27 28 PARCEL NO. 70 13.70.0 Eugenia D. Miller, Ross J. Miller and Does 346 13.71.1 through 350 13.70.1 110 -1/2 Pearl Avenue 13.71.2 Balboa Island, California 13.70.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 13.71.3 Parcel Number when it is determined. 13.70.3 Lot 29 in Block 7 of Resubdivision of Section 1, Balboa Island, as per map recorded in Book 6 Page 30 of Miscellaneous Maps records of said County. PARCEL NO. 71 13.71.0 Charles Mosmann, Jane Mosmann and Does 351 through 355. 13.71.1 1015 Dolphon Terrace Corona del Mar, California 13.71.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.71.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct legal description of this property, and it will amend its complaint to state the legal description when it is determined. -34- I I PARCEL NO. 72 2 13.72.0 Iona Mouron and Does 356 through 360 3 13.72.1 2518 University Drive Newport Beach, California 4 13.72.2 The Assessor's Parcel Number for this property is 5 presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct 6 Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 7 Parcel Number when it is determined. 8 13.72.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due 9 diligence to discover the correct legal description of this property, and it will amend its complaint 10 to state the legal description when it is determined. 11 PARCEL NO. 73 12 13.73.0 George 11. Ochsner, Virginia A. Ochsner and Does 361 13 through 365 14 13.73.1 1834 Leeward Lane Newport Beach, California 15 13.73.2 The Assessor's Parcel Number for this property is 16 presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct 17 Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 18 Parcel Number when it is determined. 19 13.73.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due 20 diligence to discover the correct legal description of this property, and it will amend its complaint 21 to state.the legal description when it is determined. 22 PARCEL NO. 74 23 13.74.0 Gerald E. Odegaard, Mona M. Odegaard and Does 366 24 through 370 25 13.74.1 1632 Pegasus Street Santa Ana, California 26 13.74.2 119- 363 -02 27 13.74.3 Lot 43 in Tract 4307, as per map recorded in Book 28 153 Pages 18, 19 and 20 of Miscellaneous Maps, Records of said County. -35- I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15' 16' 17, 18 19 20 ON 22 23 24 25 26 27' 28 i • PARCEL NO. 75 13.75.0 Sara J. Palmer, and William B. Palmer and Does 371 through 375 1816 Leeward Lane 13.75.1 Newport Beach, California 13.75.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.75.3 The legal description unknown to plaintiff. diligence to discover of this property, and to state the legal de determined. PARCEL NO. 76 of this property is presently Plaintiff is.using all due the correct legal description it will amend its complaint scription when it is 13.76.0 Caroline. K. Patrick, William H. Patrick and Does 376 through 380 13.76.1 1821 Leeward Lane Newport Beach, California 13.76.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.76.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct legal_description of this property, and it will amend its complaint to state the legal description when it is determined. -36- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21. 221 23 24 25 26 27 28 PARCEL NO. 77 13.77.0 Patricia S. Pauley and Does 381 through 385 13.77.1 2112 Leeward Lane Newport Beach, California 13.77.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.77.3 Lot 12 of Tract 3801 as shown on a map recorded in Book 136, Pages 3, 4 and 5 of Miscellaneous Maps, records of Orange County, California. PARCEL NO. 78 13.78.0 Carol M. Peloquin and Does 386 through 390 13.78.1 1901 Santiago Drive Newport Beach, California 13.78.2 117 - 731 -27 13.78.3 Lot 4 of Tract No. 4709, as shown on a map recorded in Book 166 Page 18 of Miscellaneous Maps, records of said County. PARCEL 140. 79 13.79.0 Alvin B. Phillips, Sally A. Phillips and Does 391 through 395 13.79.1 1918 Santiago Drive Newport Beach, California 13.79.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.79.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct legal description of this property, and it will amend its complaint to state the legal description when it is determined. -37- 1 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17' 18 19' 2OI 211 22i 23i 2411 I 251 26 27 28 PARCEL NO. 80 13.80.0 Helen R. Reeder, John W. Reeder, Jr., and Does 396 through 400 13.80.1 1106 South Bay Front Balboa Island, California 13.80.2 050- 113 -13 13.80.3 Lot 4, Block 6 of Section 3 of Balboa Island as per map recorded in Book 7, Page 15 of Miscellaneous Maps, records of Orange County. PARCEL NO. 81 13.81.0 Margaret C. Ryckoff, Paul H. Ryckoff and Does 401 through 405 13.81.1 1200 South Bay Front Balboa Island, California 13.81.2 050 - 171 -11 13.81.3 Lot 1 in Block 21 of Section 3, Balboa Island, as shown on a map recorded in Book 7, page 15 of Miscellaneous Maps, records of Orange County, California. -38- 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PARCEL 140. 82 • 13.82.0 Irm Schilling, Walter Schilling and Does 406 through 410 13.82.1 1034 Westwind Way Newport Beach, California 13.82.2 117 - 702 -18 13.82.3 Lot 186, Tract 4224, as shown on a map recorded in Book 1570 Pages 1 -14 of Miscellaneous Maps, in the office of the County Recorder of Orange County. PARCEL NO. 83 13.83.0 Kathleen H. Scott and Does 411 through 415 13.83.1 1966 Port Albans Road Newport Beach, California 13.83.2 458- 204 -32 13.83.3 Lot 26 of Tract 6565, as shown on a map recorded in Book 257, Pages 14 -19 inclusive of Miscellaneous Maps, in the office of the County Recorder of Orange County. PARCEL NO. 84 13.84.0 Carol W. Seiersen, Damon Peter Seiersen and Does 416 through 420 13.84.1 1736 Galaxy Drive Newport Beach, California 13.84.2 049- 241 -11 & 03 13.84.3 Lot 20 of Tract No. 1220, as shown on a map recorded in Book 38, Pages 49 and 50 of Miscellaneous Maps, records of Orange County, California. Lot 24 of Tract No. 1220, as shown on a map recorded in Book 38, Pages 49 and 50 of Miscellaneous Maps, record of Orange County, California. -39- 1 2 3 4 5 6 7 8 9. 10, 11 121 13,1 14, 15, l6j 17 18 19 20 21 22 23 24 25 26 27 28 -40- PARCEL NO. 85 13.85.0 Richard A. Sewell, Sandra L. Sewell and Does 421 through 425 13.85.1 1609 Lincoln Lane Newport Beach, California 13.85.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. 13.85.3 Lot 31 of Tract No. 3851, as shown on a map recorded in Book 153, Pages 6, 7 and 8 of Miscellaneous Maps, records of Orange County, California. -40- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22. 23 24 25 26 27 28 • Gloria Sklansky, Jack Sklansky and Does 426 through 430 720 Bison Avenue Newport Beach, California 931 -37 -004 13.86.3 Dwelling Unit No. D in Building No. 2109, as said Unit is shown on that certain Condominium Plan attached to and made a part of that certain Declaration of Covenants, Conditions, and Restrictions recorded August 16, 1968 in Book 8694, Page 446 of Official Records in the Office of the County Recorder of said County, and a 1 /156th undivided interest in and to Lot 2 of Tract No. 6320, as per map recorded in Book 243, Pages 47 to 49 inclusive of Miscellaneous Maps, in the office of said County Recorder, shown and defined as "Common Area" on the above - referred to Condominium Plan. Excepting therefrom any portion of Lots A and C of said Tract, adjoining said Lot 2. Non - exclusive Easements for ingress and egress, public utilities sewers and for all purposes incidental thereto, including but not limited to the construction, installation, replacement, repair, maintenance, operation and use of all necessary or desirable roadways, sidewalks and conduits over the land described in Parcel 2 of that certain Deed recorded March 7, 1969 in Book 8894, Page 536 of Official Records in the office of the County Recorder of said County. Non - exclusive Easements for ingress and egress, public utilities, sewers and for all purposes incidental thereto, including but not limited to the construction, installation, replacement, repair, maintenance, operation and use of all necessary or desirable roadways, sidewalks and conduits over lot A of Tract No. 6847, in said County and State, as per map recorded in Book 255, Pages 17 and 18 of Miscellaneous Maps, in the Office of the County Recorder of said County. -41- 1 PARCEL 140. 86 2 13.86.0 3 13.86.1 4 5 13.86.2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22. 23 24 25 26 27 28 • Gloria Sklansky, Jack Sklansky and Does 426 through 430 720 Bison Avenue Newport Beach, California 931 -37 -004 13.86.3 Dwelling Unit No. D in Building No. 2109, as said Unit is shown on that certain Condominium Plan attached to and made a part of that certain Declaration of Covenants, Conditions, and Restrictions recorded August 16, 1968 in Book 8694, Page 446 of Official Records in the Office of the County Recorder of said County, and a 1 /156th undivided interest in and to Lot 2 of Tract No. 6320, as per map recorded in Book 243, Pages 47 to 49 inclusive of Miscellaneous Maps, in the office of said County Recorder, shown and defined as "Common Area" on the above - referred to Condominium Plan. Excepting therefrom any portion of Lots A and C of said Tract, adjoining said Lot 2. Non - exclusive Easements for ingress and egress, public utilities sewers and for all purposes incidental thereto, including but not limited to the construction, installation, replacement, repair, maintenance, operation and use of all necessary or desirable roadways, sidewalks and conduits over the land described in Parcel 2 of that certain Deed recorded March 7, 1969 in Book 8894, Page 536 of Official Records in the office of the County Recorder of said County. Non - exclusive Easements for ingress and egress, public utilities, sewers and for all purposes incidental thereto, including but not limited to the construction, installation, replacement, repair, maintenance, operation and use of all necessary or desirable roadways, sidewalks and conduits over lot A of Tract No. 6847, in said County and State, as per map recorded in Book 255, Pages 17 and 18 of Miscellaneous Maps, in the Office of the County Recorder of said County. -41- 1 PARCEL NO. 87 2 13.87.0 John E. Smith, Lucille M. Smith and Does 431 through 435 3 13.87.1 1631 Pegasus Street 4 Santa Ana, California 5 13.87.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using 6 all due diligence to discover the correct Assessor's Parcel Number for this property, and it 7 will amend its complaint to state the Assessor's Parcel Number when it is determined. 8 13.87.3 Lot 37 of Tract No. 4307, as per map recorded in 9 Book 153, Pages 18, 19 and 20 of Miscellaneous Maps, in the office of the County Recorder of said 10 County. 11 PARCEL NO. 88 12 13.88.0 Geraldine E. Somers, Maclyn B. Somers and Does 436 through 440 13 13.88.1 1424 Galaxy Drive 14 Newport Beach, California 15 13.88.2 117- 671 -14 16 13.88.3 Lot 78 of Tract No. 4224, as shown on a map recorded in Book 157, pages 1 to 14 inclusive of 17 Miscellaneous Maps, records of Orange County, California. 18 PARCEL NO. 89 19 13.89.0 Charles D. Spencer, Geraldine A. Spencer and Does 20 441 through 445 21 13.89.1 1203 N. Bay Front Balboa Island, California 22 13.89.2 The Assessor's Parcel Number for this property is 23 presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct 24 Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 25 Parcel Number when it is determined. 26 13.89.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due 27 diligence to discover the correct legal description of this property, and it will amend its complaint 28 to state the legal description when it is determined. -42- 0 0 1 PARCEL NO. 90 2 13.90.0 Donald H. Spengler and Does 446 through 450 3 13.90.1 1750 E. Ocean Front Balboa, California 4 13.90.2 048- 212 -17 5 13.90.3 Lot 12 and the Westerly half of Lot 13 in Block C 6 of Tract 518, in the city of Newport Beach, as shown on a map thereof recorded in Book 17, Pages 7 33 and 36 inclusive, Miscellaneous Maps, records of said Orange County. 8 PARCEL NO. 91 9 13.91.0 Connie K. Starnes, Les O. Starnes and Does 451 10 through 455 11 13.91.1 500 Harbor Island Drive Newport Beach, California 12 13.91.2 The Assessor's Parcel Number for this property is 13 presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct 14 Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 15 Parcel Number when it is determined. 16 13.91.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due 17 diligence to discover the correct legal description of this property, and it will amend its complaint 18 to state the legal description when it is determined. 19 PARCEL NO. 92 20 13.92.0 Richard Steele and Does 456 through 460 21 13.92.1 940 Via Lido Nord 22 Newport Beach, California 23 13.92.2 The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using 24 all due diligence to discover the correct Assessor's Parcel Number for this property, and it 25 will amend its complaint to state the Assessor's Parcel Number when it is determined. 26 13.92.3 The legal description of this property is presently 27 unknown to plaintiff. Plaintiff is using all due diligence to discover the correct legal description 28 of this property, and it will amend its complaint to state the legal description when it is determines -43- • • 1 PARCEL NO. 93 2 13.93.0 Claire C. Strauch, Frederic P. Strauch, Jr., and Does 461 through 465 3 13.93.1 1200 Cambridge Lane 4 Newport Beach, California 5 13.93.2 117 - 482 -10 6 13.93.3 Lot 45 of Tract No. 3031, as shown on a map recorded in Book 96, Pages 24 to 26 of 7 Miscellaneous Maps, records of Orange County, California. 8 PARCEL NO. 94 9 13.94.0 Margaret C. Strong, Michael C. Strong and Does 466 10 through 470 11 13.94.1 1736 Marlin Way Newport Beach, California 12 13.94.2 117 - 472 -21 13 13.94.3 Lot 43 of Tract 3097, as per map recorded in Book 14 98,.Pages 36 and 37 of Miscellaneous Maps, in the office of the County Recorder of Orange County. 15 PARCEL NO. 95 16 13.95.0 Katherine Stuart, Marshall Stuart and Does 471 17 through 475 18 13.95.1 315 N. Star Lane Newport Beach, California 19 13.95.2 117 - 711 -09 20 13.95.3 Lot 109 of Tract No. 4224, as shown on a map filed 21 in Book 157, Pages 1 to 14 inclusive, of Miscellaneous Maps, records of Orange County, 22 California. 23 24 25 26 27 28 -44- 1 2 3 4 5 6 7 8 C) 101 ISA 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • r PARCEL NO. 96 13.96.0 John E. Tahl, Marjorie A. Tahl and Does 476 through 480 13.96.1 645 Bayside Drive Newport Beach, California 13.96.2 050- 421 -09 13.96.3 Lot 53 of Tract 3867 Recorded in Book 301 of Pages 40 -46 of miscellaneous maps recorded in the office of the County Recorder of Orange County. An exclusive appurtenant easement for a pier mooring and maintenance purposes over that portion of Lot A of Tract No. 3867, as per map recorded in Book 301, Pages 40 to 46, inclusive of Miscellaneous Maps, records of said County, adjoining said Lot described as Parcel l above, lying between the bulkhead line and pierhead line and the prolonged side property lines of Parcel 1 above as shown on the map of said Tract. An appurtenant easement for ingress and egress purposes over that portion of Lot 52 of Tract No. 3867, as per map recorded in Book 301, Pages 40 to 46 inclusive of Miscellaneous Maps, records of said County, described as beginning at the most Northerly corner of Lot 53 of said Tract; thence Southwesterly 12.00 feet along the Northwesterly line of said Lot 53; thence Northerly in a direct line to a point on the Northeasterly line of Lot 52 of said tract distant thereon Northwesterly 12.00 feet from the point of beginning; thence Southeasterly 12.00 feet along said Northeasterly line to the point of beginning. PARCEL NO. 97 13.97.0 John S. Vallely, Karen A. Vallely and Does 481 through 485 13.97.1 2042 Commodore Road Newport Beach, California 13.97.2 117 - 443 -02 13.97.3 Lot 50 of Tract ila. 3082 as per map recorded in Book 91, Pages 12 and 13 of Miscellaneous Maps in the office of the County Recorder of said Orange County. -45- 1 2 3 4 5 6 7 8 9 10 11 12! 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • PARCEL NO. 98 M 13.98.0 Florence Vandegrift, Roger Vandegrift and Does 486 through 490 13.98.1 112 Amethyst Avenue Balboa Island, California 13.98.2 050- 171 -08 13.98.3 Lot 24 in Block 21, Section 3, Balboa Island, as per map recorded in Book 7, Page 15 of Miscellaneous Maps, Records of Orange County, California. PARCEL NO. 99 13.99.0 13.99.1 13.99.2 13.99.3 Elsie B. Walker, Johnnie Walker and Does 491 through 495 1136 Santiago Drive Newport Beach, California The Assessor's Parcel Number for this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's Parcel Number when it is determined. The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct legal description of this property, and it will amend its complaint to state the legal description when it is determined. -46- 0 • 1 PARCEL NO. 100 2 13.100.0 Josephine B. Wayman and Does 496 through 500 3 13.100.1 504 Cancha Newport Beach, California 4 13.100.2 The Assessor's Parcel Number for this property is 5 presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct 6 Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 7 Parcel Number when it is determined. 8 13.100.3 Lot 8 of Tract No. 6905, as shown on a map recorded in Book 308, Pages 27 to 32 inclusive of 9 Miscellaneous Maps, records of Orange County, California. 10 An appurtenant non - exclusive easement for ingress 11 and egress throughout Lot 65 of Tract No. 6905, as shown on a map recorded in Book 308, Pages 27 to 32 12 inclusive of Miscellaneous Maps, records of Orange County, California. 13 PARCEL NO. 101 14 13.101.0 Barbara P. White, H. Warren White and Does 501 15 through 505 16 13.101.1 1104 South Bay Front Balboa Island, California 17 13.101.2 The Assessor's Parcel Number for this property is 18 presently unknown to plaintiff. Plaintiff is using all due diligence to discover the correct 19 Assessor's Parcel Number for this property, and it will amend its complaint to state the Assessor's 20 Parcel Number when it is determined. 21 13.101.3 The legal description of this property is presently unknown to plaintiff. Plaintiff is using all due 22 diligence to discover the correct legal description of this property, and it will amend its complaint 23 to state the legal description when it is determined. 24 25 26 27 28 -47- • 0 1 PARCEL NO. 102 2 13.102.0 Edith S. Wicker, Sherman T. Wicker and Does 506 through 510 3 2842 Irvine Avenue 4 13.102.1 Newport Beach, California 5 13.102.2 119 - 251 -03 6 13.102.3 Lot 3 of Tract No. 3068, as shown on a map recorded in Book 93, Pages 9, 10, and 11 of Miscellaneous 7 Maps, records of Orange County, California. 8 PARCEL NO. 103 9 13.103.0 Joe B. Winkelmann and Does 511 through 515 10 13.103.1 1318 Santanella Tr. Corona Del Mar, California 11 13.103.2 050 - 271 -16 12 13.103.3 Lot 57 of Tract 1700 as shown on a Map recorded in 13 Book 52, Pages 7 and 8 of Miscellaneous Maps, records of Orange County. 14 15 PARCEL 14O. 104 16 13.104.0 Margery S. Wolfe, Thomas Wolfe, III, and Does 516 through 520 17 13.104.1 205 7th Street 18 Balboa, California 19 13.104.2 048- 021 -11 20 13.104.3 Lot 3 in Block 5 of East Newport Tract, in the City of Newport Beach, as shown on a map thereof 21 recorded in Book 3, Page 37, Miscellaneous Map, records of said Orange County. 22 23 24 25 26 27 28 -48- 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 27 28 E SECOND CAUSE OF ACTION (Declaratory and Injunctive Relief Re: Existence of Prescriptive Avigation Easement) 14. Plaintiff incorporates by this reference each allegation of Paragraphs 1 through 13 of its complaint. 15. An actual controversy has arisen and now exists between Plaintiff and the named defendants concerning their respective rights and duties. As alleged above, plaintiff contends that it has acquired by prescription an avigation easement over, and existing in respect of, each of the Subject Properties, and that the claims of damage by the named defendants, if such damage exists, results solely from the exercise by plaintiff of its easement rights. The plaintiff is informed and believes that the named defendants dispute these contentions and contend that plaintiff's operation of JWA constitutes a continuing nuisance, and causes them damage and injury in excess of the easement rights of the plaintiff. 16. Plaintiff desires a judicial determination of its rights and duties, a declaration of the existence of its title to an avigation easement existing over and in respect of each of the Subject Properties, and a declaration that its easements preclude plaintiff from being held liable to the named defendants for any activity undertaken in the reasonable use of its easement rights. -49- 1 17. The named defendants have threatened to institute 2 repetitive litigation against plaintiff in disregard of 3 plaintiff's easement rights. Such litigation, the plaintiff is 4 informed and believes, would not be undertaken in good faith, and 5 would cause plaintiff, its citizens and its taxpayers great and 6 irreparable harm. Plaintiff has no adequate remedy at law to 7 prevent such abusive and vexatious litigation. By the right 8 afforded to the named defendants to answer this complaint, and by 9 their right to file a cross - complaint alleging such related 10 claims as they may wish to raise, the named defendants may 11 litigate fully all of their claims in this forum and in this 12 action. The plaintiff therefore requires such preliminary and 13 permanent injunctive relief as may be necessary to avoid a 14 multiplicity of actions between the parties, enjoining the named 15 defendants from commencing or prosecuting any separate actions or 16 causes of action which the named defendants may raise in this 17 action pursuant to Code of Civil Procedure 5428.10. l8 . 19 20 . . . 21 . . . 22 23 . . . 24 . . . 25 . . . 26 27 28 -50- • • 1 THIRD CAUSE OF ACTION 2 (Declaratory and Injunctive Relief 3 Re: Res Judicata Effect of Prior Judgment) 4 5 18. Plaintiff incorporates by this reference each 6 allegation of Paragraphs 1 through 13 of this complaint. 7 8 19. The following named defendants were parties to a prior 9 action against plaintiff, Harold W. Anderson, et al. v. County of 10 Orange, Orange County Superior Court No. 27 -39 -16 ( "Anderson "), 11 in which judgment was entered on a jury verdict in favor of 12 plaintiff and against the following named defendants on a cause 13 of action alleging the operation of JWA to be a nuisance: Harold 14 W. Anderson, Alvin Stewart Cox, Patricia Emison Cox, Jane Walsh 15 Courtney, Marcelyn Jane Courtney, Frank E. Dische, Mary L. 16 Dische, Edwin C. Hall, Eunice A. Hall, Branch Price Kerfoot, 17 Carol Saindon Kerfoot, Caroline K. Patrick, William If. Patrick, 18 Sara J. Palmer, William B. Palmer, Rosalind Williams, and Tom 19 Williams ( "the Anderson plaintiffs "). 20 21 20. Despite the judgment against them in Anderson, the 22 plaintiff is informed and believes that the Anderson plaintiffs 23 intend to initiate further repetitive and successive actions 24 against plaintiff claiming that the operation of JWA constitutes 25 a nuisance for the purpose of harrassing plaintiff. 26 27 . . . 28 -51- 1 2 3 4 5 0 7 8i 9 10li 111 12 13j 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • 21. Plaintiff desires a judicial determination and declaration of the res judicata effect of the Anderson judgment, and such preliminary and permanent injunctions as may be necessary to enforce the plaintiff's rights under the judgment. A judicial declaration and injunctive relief is necessary and appropriate at this time in order to prevent vexatious litigation against plaintiff with its attendant expense to the parties and to the public. Plaintiff has no adequate remedy at law. FOURTH CAUSE OF ACTION (Declaratory and Injunctive Relief Re: Bar of Statute of Limitations) 22. Plaintiff incorporates by this reference each allegation of Paragraphs 1 through 13 and 17 of its complaint. 23. An actual controversy has arisen and now exists between plaintiff and the named defendants concerning their respective rights and duties. The plaintiff is informed and believes that the named defendants contend that the operation of JWA consti- tutes a continuing nuisance, and that they have the right to file successive and repetitive damage claims against plaintiff in respect of such allegations, and that they intend to do so. The plaintiff contends that the operation of JWA is not a nuisance and does not otherwise give rise to any liability by plaintiff to the named defendants; that if the operation of JWA does now constitute a nuisance, or if there is any other basis for -52- 1 2 3 4 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. 26 27 28 • plaintiff's liability to the named defendants in respect of the operation of JWA, then such nuisance is a permanent nuisance, and not a continuing nuisance, and that the named defendants are barred by applicable statutes of limitation, including, among others, Code of Civil Procedure 5388(1) and (2), Code of Civil Procedure 340(3) and Government Code 5911.2; and that, if not barred by periods of limitation, that the named defendants are required nonetheless to recover in one action all of their past and anticipated future damages and injuries rather than instituting a series of successive and repetitive actions. 24. Plaintiff desires a judicial determination of its rights and duties, including a declaration that the operation of JWA does not constitute a nuisance or provide any other basis for liability to the named defendants; that if the operation of JWA constitutes a nuisance, then such nuisance is permanent in nature and that the applicable periods of limitation have expired with respect to claims of the named defendants against plaintiff; and that if the operation of JWA is a nuisance and the periods of limitation have not expired on the claims of the named defendants; that they are then required to recover in-one action all their past and anticipated future harm. 25. The named defendants have threatened to institute repetitive litigation against plaintiff which, the plaintiff is informed and believes, would not be undertaken in good faith, and which would cause plaintiff, its citizens and its taxpayers great -53- i • 1 and irreparable harm. Plaintiff has no adequate remedy at law to 2 prevent such abusive and vexatious litigation. Plaintiff 3 therefore requires such preliminary and permanent injunctive 4 relief as may be necessary to avoid a multiplicity of actions 5 between the parties, enjoining the named defendants from 6 commencing or prosecuting any separate actions on causes of 7 action which the named defendants may raise in this action by 8 answer or by cross - complaint. 9 10 FIFTH CAUSE OF ACTION 11 (Declaratory and Injunctive Relief Re: 12 Bar of Statute of Limitations) 13 14 26. Plaintiff incorporates by this reference each 15 allegation of Paragraphs 1 through 13, 17 and 22 through 25 of 16 its complaint. 17 18 27. The following named defendants filed a complaint in a 19 prior action, Joseph Y. Acone, et al. v. County of Orange, Orange 20 County Superior Court No. 165077, filed February 19, 1969, 21 ( "Acone ") which complaint was dismissed as to these named 22 defendants for failure to prosecute under Code of Civil Procedure 23 9583(b) on December 14, 1978: Dolores C. Bangert, Russell W. 24 Bangert, George V. Butler, Mary L. Butler, Donna Jo Day, Richard 25 W. Day, Anna L. Hall, Leonard R. Hall, Jacqueline J. Humphries, 26 C. Humphries, Patricia S. Pauley, Alvin B. Phillips, Sally A. 27 Phillips, John E. Smith, Lucille M. Smith, Edith S. Wicker, and 28 Sherman T. Wicker. -54- 0 • 1 28. The following named defendants filed a complaint in a 2 prior action, Harold W. Adams, et al. v. County of Orange, Orange 3 County Superior Court No. 163963, filed December 19, 19680 4 ( "Adams") which complaint was dismissed as to these named 5 defendants for failure to prosecute under Code of Civil Procedure 6 §583(b) on December 14, 1978: John C. Bixby, Barbara B. Bixby, 7 Frank H. Brock, Patricia Brock, Lawrence E. Gates, Esther A. 8 Gyurik, Stephen Gyurik, Jesse H. Holmes, William C. Holmes, 9 Jacqueline Leclerc, Robert F. Leclerc, Thomas B. Matthews, Velon 10 M. Matthews, Claire C. Strauch and Frederick P. Strauch, Jr. 11 12 29. The following named defendants filed a complaint in a 13 prior action, Barbara Aune, et al. v. County of Orange, Orange 14 County Superior Court No. 163500, filed November 12, 1968, 15 ( "Aune ") which complaint these named defendants voluntarily 16 dismissed on June 14, 1974: Connie K. Starnes and Les O. 17 Starnes. 18 19 30. The following named defendants filed a complaint in a 20 prior action, Harold W. Anderson, et al. v. County of Orange, 21 Orange County Superior Court No. 27- 39 -16, filed August 10, 1977, 22 ( "Anderson ") which complaint the following named defendants 23 voluntarily dismissed on October 22, 1979: Geraldine E. Somers 24 and Maclyn B. Somers. 25 26 31. Allegations in the Acone, Adams, Aune, and Anderson 27 complaints by the named defendants identified in Paragraphs 27, 28 28, 29 and 30 contain conclusive judicial admissions that the -55- � a • • 1 accrual of any causes of action they may now assert against the 2 plaintiff in respect of the operation of JWA is barred by 3 applicable periods of limitation. 4 5 32. Plaintiff desires a judicial determination of its 6 rights and duties, and a declaration that the named defendants 7 identified in paragraphs 27, 28, 29 and 30, are now barred by the 8 statute of limitations from bringing an action based on nuisance, 9 and enjoining them from instituting any future actions against 10 the plaintiff in respect of the operation of JWA as a public 11 airport unless and until the level of aircraft operations from 12 and to JWA materially changes creating a new cause of action. 13 Plaintiff has no adequate remedy at law. 14 15 WHEREFORE, Plaintiff prays: 16 17 1. As to the First Cause of Action: That the Court 18 determine that plaintiff has acquired title to an avigation 19 easement over and in respect of each of the Subject Properties as 20 described in paragraph 11 of the Complaint, that title to the 21 easement is quieted in plaintiff, and that the defendants be 22 forever barred from asserting any claim whatsoever in, to, or in 23 respect of the easement or any part thereof; 24 25 2. As to the Second Cause of Action: For this Court's 26 declaration that plaintiff has acquired by prescription an 27 avigation easement over and in respect of each of the Subject 28 11 -56- 1 Properties, and that the existence of the easement precludes 2 plaintiff from being held liable to the defendants for any 3 activity undertaken in the reasonable use of its easement 4 rights; 5 6 3. As to the Third Cause of Action: For this Court's 7 declaration that the named defendants identified in paragraph 15 8 are barred by res judicata from relitigating claims for damage 9 against the County in this or any other forum as to which 10 judgment has been entered against them in Anderson, et al. v. 11 County of Orange, Orange County Superior Court No. 27- 39 -16; 12 13 4. As to the Fourth and Fifth Causes of Action: For a 14 declaration by this Court: 15 16 (a) That the operation of JWA as a public 17 airport does not constitute a nuisance; or, 1-8 alternatively 19 (b) That if the operation of JWA is a nuisance, 20 then the nuisance is permanent, and any claims 21 of the named defendants now or hereafter asserted 22 are barred by applicable periods of limitation; 23 or alternatively 24 (c) That if the operation of JWA is a nuisance 25 and claims of the defendants for damage are not 26 barred by the applicable statutes of limitation, 27 that they must recover all past and future harm 28 -57- 1 in one action and that they may not institute 2 and prosecute successive and repetitive actions 3 against plaintiff in respect of such claims. 4 5 5. As to the Third and Fifth Causes of Action: That the 6 Court issue its permanent injunction enjoining the defendants 7 named in the Third and Fifth Causes of Action from instituting 8 any future actions for damage against the plaintiff in respect of 9 the operation of JWA as a public airport unless and until the 10 level of aircraft operations from and to JWA materially changes, 11 creating a new cause of action. 12 13 6. As to All Causes of Action: That the Court afford such 14 preliminary and permanent injunctive relief as may be necessary 15 to permit plaintiff and the defendants to fully and fairly 16 adjudicate their claims in this action, and to prevent plaintiff 17 from being exposed to a multiplicity of actions, vexatious or 18 otherwise, which would unfairly prejudice plaintiff and interfere 19 with the orderly and efficient administration of justice. 20 21 7. For Plaintiff's Costs of Suit; and 22 . . . 23 . . . 24 . . . 25 . . . 26 27 . . . 28 . . . 11 -58- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S. For such other and further relief as may be deemed just and proper by the Court. December 6, 1982 Eckmann, Lodge & Gatzke Attorneys for Plaintiff -59- cna MEMORANDUM OFFICE OF THE CITY ATTORNEY December 2, 1982 DEC 13 1982 Agenda Item Not'9 (a) By the QfY COUNCIL —CITY OF NEWPORT BEACH To: Honorable Mayor & Members of the City Council From: Michael H. Miller - City Attorney Re: Confirmation of Attorney Fee Estimates -e, Airport 4 TJf gati on Pursuant to the City's agreement with O'Donnell & Gordon, attached is the most recent 60 -day estimate. The City's agreement with O'Donnell & Gordon requires Council confirmation. In view of our experience to date with regard to subject litigation, I recommend confirmation of the estimate as submitted. RE CO MME NDAT I ON : Confirmation of the 60 -day estimate (December 1, 1982 through January 31, 1983) for attorney services with O'Donnell & Gordon. Michael H. Miller MMP/ pr Attachment MMP /Airport 0 PIERCE O'DONNELL* JEFFREY S. GORDON' STEVEN F. PFLAUM "4 PROFESSIONAL CORPORATION EXPRESS MAIL November 30, 1982 • LAW OFFICES O'DONNELL & GORDON A PARTNERSHIP OF PROFESSIONAL CORPORATIONS DENNIS E. CURTIS 619 SOUTH OLIVE, SUITE 200 OF COUNSEL LOS ANGELES, CALIFORNIA 90014 (2131 (366 -1566 Michael H. Miller, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 Re: Estimate for Legal Services for Sixty -Day Period Decem er 1, 1982 - January 31, 1983) Dear Mike: Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the 60 -day period between December 1, 1982 and January 31, 1983. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell ($125), Steven Pflaum (Associate) ($105), Allan Ides and Anne Roberts (Of Counsel) ($105), and paralegal ($55). I. CEQA LITIGATION (EIR 232) A. Appeal Pierce O'Donnell 1 hrs. $125.00 Steven Pflaum /Allan Ides 2 hrs. 210.00 Paralegal 2 hrs. 110.00 Contingency 5 hrs. 525.00 Expenses 100.00 TOTAL $1,070.00 Michael H. Miller, Esq. City Attorney November 30, 1982 Page Two B. Leval inions and Non - Litigation Pierce O'Donnell 5 hrs. $625.00 Steven Pflaum/ $1,250.00 Allan Ides/ Anne Roberts 10 hrs. 1,050.00 Contingency 5 hrs. 525.00 TOTAL $2,200.00 C. Iniunction Enforcement Proceedines Pierce O'Donnell 10 hrs. $1,250.00 Steven Pflaum/ Allan Ides/ Anne Roberts 15 hrs. 1,575.00 Paralegal S hrs. 275.00 Contingency 15 hrs. 1,575.00 TOTAL $4,675.00 2. PSA LITIGATION (FEDERAL) Pierce O'Donnell 10 hrs. $1,250.00 Steven Pflaum/ Allan Ides/ Anne Roberts 15 hrs. 1,575.00 Paralegal 10 hrs. 550.00 Contingency 10 hrs. 1,050.00 Expenses 250.00 TOTAL $4,67S.00 SUMMARY: CEQA Litigation 7,945.00 PSA Litigation 4,_675._00 GRAND TOTAL $12,620.00 Michael H. Miller, Esq. City Attorney November 30, 1982 Page Three The foregoing is my best estimate of legal services for the two -month period. The difficulty of estimating primarily stems from the uncertainty whether the County's actions will precipitate the need for enforcement proceedings and whether future developments in the federal litigation will require the City to assume a more active role than it has taken in recent months. If unexpected events occur, we will immediately notify you and submit a revised authorized estimate for your approval as required in the Agreement for Attorney Services. As you know, we are pleased about the close and successful relationship between our two offices. We consider it a privilege to represent the City. If you have any questWERCE ease do not hesitate to call me. Bes,� P DO NELL A Profes sional Corporation POD:rg • i �% ;i ��;� ,� ��. ��:,y ��::... ,. n: _y __ �� �. J �: 2861 ` � ='� j -_ :, '�� ,: ;. • • �- a33i (39) MEMORANDUM OFFICE OF THE CITY ATTORNEY OCT 12 1982 By ;Y,3 L1 "i'f COU Nc%L October 4, 1982 CITY QF ,,WPM V&* ,Oh Calendar—F9 (c) To: Honorable Mayor & Members of the City Council From: Michael H. Miller Re: Confirmation of Attorney Fees - Airport Litigation Attached is the 60 -day estimate which is required pursuant to the City's agreement with O'Donnell & Gordon. I've reviewed such estimate and recommend your approval. MHM/ p r Attachment Michael H. Miller I?- PIERCE O'DONNELL* JEFFREY S. GORDON STEVEN F. PFLAUM *A PROFE55IONAL CORRORAT�ON September 30, 1982 EXPRESS MAIL LAW OFFICES O'DONNELL & GORDON A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION 619 SOUTH OLIVE, SUITE 200 LOS ANGELES, CALIFORNIA 90014 (213) 688 -1566 Michael H. Miller, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92663 -3884 DENNIS E. CURTIS OF COUNSEL Re: Estimate for Legal Services for Sixty -Day Period (October 1 - November 30, 1982) Dear Mike: Pursuant to the agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the 60 -day period between October 1 and November 30, 1982. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell ($125), Steven Pflaum and Anne Roberts (associates) ($105), Allan Ides (of counsel) ($105), and paralegal ($55). 1. CEQA LITIGATION (EIR 232) A. Appeal Pierce O'Donnell 1 hrs. $ 125.00 0r? 2 hrs. 210.00 Paralegal 2 hrs. 110.00 Contingency 5 hrs. 575.00 Re: Estimate for Legal Services for Sixty -Day Period (October 1 - November 30, 1982) Dear Mike: Pursuant to the agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the 60 -day period between October 1 and November 30, 1982. This estimate is based upon anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell ($125), Steven Pflaum and Anne Roberts (associates) ($105), Allan Ides (of counsel) ($105), and paralegal ($55). 1. CEQA LITIGATION (EIR 232) A. Appeal Pierce O'Donnell 1 hrs. $ 125.00 Steven Pflaum /Allan Ides 2 hrs. 210.00 Paralegal 2 hrs. 110.00 Contingency 5 hrs. 575.00 Expenses 100.00 TOTAL $1,120.00 3 1 Michael H. Miller City Attorney September 30, 1982 Page Two B. Legal Olinions and Non — Litigation Advice (such as EIR Review) Pierce O'Donnell 5 hrs. Steven Pflaum/ Allan Ides/ Anne Roberts 10 hrs. Contingency 5 hrs. TOTAL C. Injunction Enforcement Proceedings Pierce O'Donnell 15 hrs. Steven Pflaum/ Allan Ides/ Anne Roberts 20 hrs. Paralegal 15 hrs. Contingency 15 hrs. TOTAL 2. PSA LITIGATION (FEDERAL) Pierce O'Donnell Steven Pflaum/ Allan Ides/ Anne Roberts Paralegal Contingency Expenses TOTAL SUMMARY: GRAND TOTAL 10 hrs. 20 hrs. 15 hrs. 10 hrs. CEQA Litigation PSA Litigation $ 625.00 1,050.00 575.00 $2,250.00 $1,875.00 2,100.00 875.00 1,575.00 $6,925.00 $1,250.00 2,100.00 825.00 1,050.00 500.00 $5,725.00 $ 9,795.00 $ 5,_725.00 $15,520.00 -a) i d 41w IlgYl AUG 23 1992 OFFICE OF THE CITY ATTORNEY ey Y 3 ci `t COUNCIL CiIY OF l'7z;`NPW YGARH August 18, 1982 Agenda Item No. F9 (d) To: Honorable Mayor & Members of the City Council From: Michael H. Miller - City Attorney Re: Confirmation of Attorney Fee Estimates Airport Litigation Pursuant to the City's agreement with O'Donnell & Gordon, attached is the most recent 60 -day estimate which I recommend for approval. This estimate was somewhat late, however, this will be corrected. Based on recent events, it is likely that the actual billings will come in under estimate, however, this case has been characterized by the unforeseen and therefore I recommend confirmation of the estimate as submitted. ACTION: Confirmation of the August, September 60 -day estimate pursuant to section 6 of the agreement for attorney services with O'Donnell & Gordon. 0 fj Michael H. Miller MHM /pr MMP- Attorney LAW OFFICES O'DONNELL 9 GORDON PIERCE O'DONNELL* APARTNERSHIP NC DNC A PROFMIONAL COR.O7 ION JEFFREY S. GORDON 619 SOUTH OLIVE, SUITE 200 STEVEN F. PFLAUM 'A Rao PESSioNAL CORFORwTION LOS ANGELES, CALIFORNIA 90014 (213) 688 -1566 August 13, 1982 Michael H. Miller, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92563 -3884 Re: Estimate for Legal Services for Sixty -Day Period (August 1- September 30, 1982) Dear Mike: DENNIS E. CURTIS ? <OQ COUNSEL T. L A U C 16 1982 c- "! CITI OF NEWPOW C -,V-N, CALIF. Pursuant to the agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the 60 -day period between August 1 and September 30, 1982. This estimate is based upon our previous status reports and anticipated developments in the airport litiga- tion. In particular, we must begin preparing for the appeal and possibly undertake enforcement proceedings. The contract hourly rates are used in the estimates: Pierce O'Donnell ($125), Steven Pflaum and Anne Roberts (associates) ($105), and paralegal ($55). 1. CEQA LITIGATION (EIR 232) A. Appeal Pierce O'Donnell Steven Pflaum Paralegal Contingency Expenses * / TOTAL 15 hrs. $1,875.00 20 hrs. 2,100.00 10 hrs. 550.00 10 hrs. 1,050.00 500.00 $6,075.00 * /Assumes no cross - appeal by the City of Newport Beach. Michael H. Miller City Attorney September 30, 1982 Page Three The foregoing is my best estimate of legal services for the two -month period. The difficulty of estimating primarily stems from the uncertainty whether the County's actions will precipitate the need for enforcement proceedings, the uncertainty of whether the County will seek to expedite the appeal in the CEQA litiga- tion, the difficulty of anticipating whether the United States will challenge our NEPA claim, and the rapidly changing course of events in the federal litigation. If unexpected events occur, we will immediately notify you and submit a revised authorized estimate for your approval as required in the Agreement for Attorney Services. As you know, we are pleased about the close and successful relationship between our two offices. We consider it a privilege to represent the City. If you have any questions, please do not hesitate to call me. Best w' e , PIERCE O'DONNELL A Professional Corporation POD: jr Michael H. Miller City Attorney . August 13, 1982 Page Two B. Legal Opinions and Non - Litigation Advice (such as EIR Review) Pierce O'Donnell 5 hrs. $ 625.00 Steven Pflaum/ Anne Roberts 10 hrs. 1,050.00 TOTAL $1,675.00 C. Injunction Enforcement Proceedings Pierce O'Donnell 15 hrs. $1,875.00 Steven Pflaum/ Anne Roberts 20 hrs. 2,100.00 Paralegal 15 hrs. 675.00 Contingency 15 hrs. 1,575.00 TOTAL $6,375.00 2. PSA LITIGATION (FEDERAL) Pierce O'Donnell 25 hrs. $ 3,125.00 Steven Pflaum/ Anne Roberts 50 hrs. 5,250.00 Paralegal 15 hrs. 825.00 Contingency 25 hrs. 2,625.00 Expenses 500.00 TOTAL $12,325.00 SUMMARY: CEQA Litigation $14,125.00 PSA Litigation $12,325.00 GRAND TOTAL $26,450.00 Michael H. Miller City Attorney August 13, 1982 Page Three The foregoing is my best estimate of legal services for the two -month period. The difficulty of estimating primarily stems from the uncertainty of whether the County will seek to expedite the appeal in the CEQA litigation and the rapidly changing course of events in the federal litigation. If unexpected events occur, we will immediately notify you and submit a revised authorized estimate for your approval as required in the Agreement for Attorney Services. We are pleased about the close and successful cooperation between our two offices. We consider it a privilege to be representing the City in its airport matters. If you have any questions, please do not hesitate to call me. Best. wi.S S, i PIERCE O'DO NELL A Professional Corporation POD: jr a PIERCE O'DONNELL* JEFFREY S. GORDON STEVEN F. PFLAUM 'A PROFESSIONAL CORPORATION BY MESSENGER June 10, 1982 LAW OFFICES O'DONNELL £3 GORDON A PARiN HIF INCLUDNG A MOFEMIONAL CORIORW ON 619 SOUTH OLIVE, SUITE 200 LOS ANGELES, CALIFORNIA 90014 (213) 688 -1566 Michael H. Miller, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92663 -3884 Re: Estimate for Legal Services for Sixty -Day Period (June 5- August 4, 1982) Dear Mike: DENNIS E. CURTIS OF COUNSEL Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the 60 -day period between June 5 and August 4, 1982. This estimate is based upon the status report of June 9, 1982 and anticipated developments in the airport litigation. The contract hourly rates are used in the estimates: Pierce O'Donnell ($125), Steven Pflaum and Anne Roberts (Associates) ($105), and paralegal ($55). 1. CEQA LITIGATION (EIR 232) A. Post - Judgment Matters Pierce O'Donnell 5 hrs. $625.00 Steven Pflaum 10 hrs. 1,050.00 Paralegal 5 hrs. 275.00 Contingency 10 hrs. 1,050.00 Expenses 500.00 TOTAL $3,500.00 _�) I - • Michael H. Miller City Attorney June 10, 1982 Page Two 9 B. Legal Opinions and Non - Litigation Advice (such as EIR Review) Pierce O'Donnell 20 hrs. $2,500.00 Steven Pflaum/ Anne Roberts 50 hrs. 5,250.00 TOTAL $7,750.00 C. Writ of Supersedeas /Stay of Injunction In Court of Appeal Pierce O'Donnell 15 hrs. $1,875.00 Steven Pflaum/ Anne Roberts 25 hrs. $2,625.00 Paralegal 15 hrs. 825.00 Contingency 15 hrs. 1,575.00 TOTAL $6,900.00 2. PSA LITIGATION (FEDERAL) Pierce O'Donnell 50 hrs. $5,250.00 Steven Pflaum/ Anne Roberts 100 hrs. 10,500.00 Paralegal 25 hrs. 1,375.00 Contingency 25 hrs. 2,625.00 TOTAL $19,750.00 SUMMARY: CEQA Litigation 18,150.00 PSA Litigation 19,750.00 GRAND TOTAL $37,900.00 The foregoing is my best estimate of legal services for the two -month period. The difficulty of estimating primarily stems from the uncertainty of the post - judgment moves of the County in the CEQA litigation and the course of events in the federal litigation. Our estimate for the federal case assumes that the City Council instructs us to participate actively, as we have recommended, to preserve the 41 ADD injunction and the County's authority to control aircraft noise through reasonable restrictions and the perimiter rule. • Michael H. Miller City Attorney June 10, 1982 Page Three If unexpected events occur, we will immediately notify you and submit a revised authorized estimate for your approval as required in the Agreement for Attorney Services. We are pleased about the close and successful cooperation between our two offices. We consider it a privilege to be representing the City in its airport matters. If you have any questions, please do not hesitate to call me. 7 1 POD:rg Best w' es PLERCE O'DONNELL A Professional Corporation 0 FZTqWT4T-1TrJ11iTW1 OFFICE OF THE CITY ATTORNEY APR 26 1952 April 26, 1982 F -q(a) u •tUCOUNCIL Agenda Item No. f � CiF'1 ART sBACH v CIV To: Hon. Mayor & Members of the City Council From: Michael H. Miller - City Attorney Re: Confirmation of Attorney Fee Estimates - Airport Litigation Pursuant to the Agreement recently approved by the City for attorney services with O'Donnell & Gordon (Company) regarding the airport litigation and related matters, 60 -day estimates must be provided by our attorneys. Pursuant to the contract, unless the City, within 15 days from the date of receipt of the estimate gives written notice of a different amount, the amount specified in the estimate shall be considered the maximum amount that will be paid by the City to Company during the applicable 60 -day period. On April 16th I received the attached 60 -day estimate. Because of the status of current proceedings, subject estimate is somewhat speculative and is dependent on the County's response to Judge Sumner's final ruling. With this in mind, the estimate appears to be justifiable and I recommend City Council confirmation. Of course, if there are any questions or concerns this matter can be discussed at the meeting of April 26th. 40-Ly m� Michael H. Miller MHM /pr Attachment M2M- Attorney 0 a • PIERCE U'DONNELLe JEFFREY S. CORDON OA Prdwimal Cocpoea4m April 15, 1982 BY MESSENGER LAW OFFICES O'DONNELL & GORDON A Part enWp Indudko A Pmfesdoml Cwpo U= 819 SOUTH OLIVE, SUITE 403 LOS ANGELES, CA 90014 Michael H. Miller City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663 -3884 Re: Estimate for Legal Services for Sixty Day Period (April 5 -June 4, 1982) Dear Mike: Telephone (213) 888 -1580 Pursuant to the Agreement for Attorney Services between the City of Newport Beach and this firm, I am furnishing the required estimate for legal services for the 60 -day period between April 5 and June 4, 1982. This estimate is based upon the status report of April 2, 1982 and subsequent events. The contract hourly rates are used in the estimates: Pierce O'Donnell ($125), Steven Pflaum (associate) ($105), and paralegal ($55). 1. CEQA LITIGATION (EIR 232) A. Post-Statement of Decision Proceedings Pierce O'Donnell Steven Pflaum (assumes write -off Paralegal (assumes write -off Contingency Expenses 25 hrs. $ 3,125.00 50 hrs. 5,250.00 for start up time) 25 hrs. 1,375.00 for start -up time) 25 hrs. 2,625.00 1,000.00 TOTAL: $13,375.00 ..3 Michael H. Miller City Attorney April 15, 1982 Page Two B. Legal Opinions and Non - Litigation Advice (Such as EIR Review) Pierce O'Donnell 10 hrs. $ 1,250.00 Steven Pflaum 25 hrs. 2,625.00 TOTAL: $ 3,875.00 C. Writ of Supersedeas /Stay of Injunction in Court of Appeal Pierce O'Donnell 15 hrs. $ 1,875.00 Steven Pflaum 25 hrs. 2,625.00 Paralegal 15 hrs. 825.00 Contingency 15 hrs. 1,575.00 TOTAL: $ 6,900.00 2. PSA LITIGATION (FEDERAL) Pierce O'Donnell 15 hrs. Steven Pflaum 25 hrs. (assumes write -off for start -up Paralegal 25 hrs. Contingency 10 hrs. TOTAL. $ 1,875.00 2,625.00 time) 1,375.00 1,050.00 $ 6,925.00 SUMMARY: CEQA Litigation $24,150.00 PSA Litigation 6,925.00 GRAND TOTAL: $31,075.00 The foregoing is my best estimate of legal services for the two -month period. The difficulty of estimating primarily stems from the uncertainty of the post - judgment moves of the County in the CEQA litigation and PSA's threats to increase unilaterally its flights at John Wayne Airport. If unexpected events occur, we will immediately notify you and submit a revised authorization estimate for your approval as required in the Agreement for Attorney Services. l Michael H. Miller City Attorney April 15, 1982 Page Three I, too, look forward to our close and successful cooperation. I consider it a privilege to continue representing the City in its airport matters. If you have any questions, phase do not hesitate to call me. TBe is es, i P ERCE O'DONNELL A Professional Corporation POD:tsh CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 DATE: April 19, 1982 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C -2331 Description of Contract Agreement for Attorney Service Effective date of Contract April 12, 1982 Authorized by Resolution No. Min. Act., adopted on April 12, 1982 Contract with O'Donnell 6 Gordon Address 619 So. Olive St. Suite 403 Los Angeles, CA 90014 Amount of Contract See Contract �9 Wanda E. Andersen City Clerk WEA:lr City Hall • 3300 Newport Boulevard, Newport Beach, Califomia 92663 i� 1 ►.TL 6 • MEMORANDUM OFFICE OF THE CITY ATTORNEY April 12, 1982 By 4ha C:1l' COUNCIL AGENDA ITEM NO. i arr. of t: wit BLACK To: Hon. Mayor & Members of the City Council C - dL I From: Michael H. Miller - City Attorney Re: Agreement for Attorney Services - Airport Litigation To assure continued representation of the City in current airport litigation, and to obtain legal services on related matters, subject Agreement was prepared pursuant to Council direction. The former Agreement with Hufstedler, Miller, Beardsley & Carlson expired on April 4, 1982. The new Agreement with O'Donnell & Gordon is made with reference to the factors set forth in the attached Agreement. Recommended Action: Approve the Agreement with O'Donnell & Gordon and authorize execution of said Agreement by the Mayor Pro tem. MHM /pr Attachment M2M- Airportl0 r q0/ V oi� Michael H. Miller FOR ATTORNEY SERVICES ll ,»,I+ THIS AGREEMENT, made this day of April, 1982 by and between THE CITY OF NEWPORT BEACH, a Municipal Corporation, here- inafter •CITY ", and the law firm of O'DONNELL 6 GORDON herein- after "COMPANY ", is made with reference to the following facts, the materiality and existence of which is stipulated by the parties: A. On March 26, 1981, "CITY" commenced litigation, in the Orange County Superior Court, (O.C.S.C. Case No. 35- 31 -01) against the County of Orange, with respect to the Environmental Documentation prepared by the County of Orange in conjunction with the approval of the Airport Master Plan and Airport Noise and Land Use Compatibility Study; and also in 1981 "CITY° inter- vened in litigation, in the United States District Court for the Central District of California, in an action entitled Pacific Southwest Airlines v. County of Orange, et al. (No. 81-3248 - TJH(Gx)) and involving Orange County's Airline Access Plan (collectively hereinafter "LAWSUITS•.) lop B. PIERCE, O'DONNELL, now of "COMPANY" formerly of RUPSTEDLER, MILLER, CARLSON 5 BEARDSLEY, served as co- counsel regarding representation of the interests of "CITY" in "LAWSUITS' and was lead counsel during the trial phase. C. "CITY" is desirous of retaining "COMPANY ", as special counsel to represent its interests during the post -trial and appellate phases of "LAWSUITS." Pursuant to the estimates provided by Section 6 of this Agreement, subject to City authorization, "COMPANY" may obtain the services of additional co- counsel to assist with regard to the duties of "COMPANY" set forth herein. D. "CITY" will benefit financially if it retains "COMPANY" and allows "COMPANY" to, if warranted and approved, utilize the services of "ADDITIONAL COUNSEL" during the post - trial and appellate phases of "LAWSUITS" due to the fact that PIERCE O'DONNELL is well- acquainted with the facts, law and legal arguments involved in 'LAWSUITS." E. "CITY" and "COMPANY" desire to enter into a written agreement to formalize the relationship between the two parties, which agreement will impose specific duties on 'COMPANY" to ob- 2 tain authorization from the City Council of the City of Newport Beach prior to the performance of legal services, and to ade- quately account for the time spent by "COMPANY" in conjunction with its representation of the interests of "CITY" in "LAWSUITS ". NOW, THEREFORE, the parties hereto agree as follows: 1. DUTIES (a) "CITY" hereby retains and employs "COMPANY" to provide all necessary legal services in conjunction with the post -trial and appellate phases of "LAWSUITS". The legal services to be performed by 'COMPANY" shall include, but not be limited to, the preparation of pleadings and other legal docu- ments, appearances, as necessary, in the Courts of California, other States and the United States, and consultation with "CITY ", its employees and consultants. "CITY" may, from time -to -time, request that 'COMPANY" perform other legal services with respect to efforts to expand John Wayne Airport and should "COMPANY" be so authorized, the terms and conditions of this agreement shall pertain, unless amended pursuant to written agreement of the parties. Subject to exceptions which may be approved by the City Attorney, the work - product of "COMPANY" shall be submitted to the office of the City Attorney for review, prior to filing in Court. C 0 0 (b) "COMPANY ", in the performance of the legal duties pursuant to this agreement, shall be subject to the super- vision and direction of the City Council of the City of Newport Beach as well as the City Attorney of the City of Newport Beach, and shall keep both the City Council and the City Attorney fully advised and fully informed of their activities. 2. In consideration of the legal services to be per- formed by "COMPANY ", "CITY" shall pay for such services, as follows: (a) PIERCE O'DONNELL at the rate of $125.00 /hour; (b) Members of "COMPANY" who have attained partnership status at the rate of $125.00 /hour; (c) Associate attorneys of "COMPANY" at the rate of $105 /hour; (d) "ADDITIONAL COUNSEL" at the rate of $125 /hour; 4 0 0 (e) Law clerks at the rate of $75.00 /hour; (f) Paralegals at the rate of $55.00 /hour. The hourly rates are to be paid only for actual legal work performed, and no compensation is to be paid to 'COMPANY' for travel to Orange County Superior Court or to the business offices of "CITY "; The foregoing rates of compensation may be increas- ed, upon mutual agreement of the parties hereto, on the first and each subsequent anniversary date of this agreement, but in no event shall any one increase, in any particular category, exceed fifteen percent (158) per year. 3. EXPENSES "COMPANY" and "ADDITIONAL COUNSEL" if approved, shall be reimbursed by "CITY" for all reasonable and necessary expenses incurred in the performance of legal services required by this agreement, including long- distance telephone calls, printing of documents, copying of documents (which shall be at 3 the least expensive, reasonably available rate), preparation of reporter's transcripts and records postage and other out -of- pocket expenses, plus all applicable gross receipts' taxes. "COMPANY" shall also be reimbursed for travel expenses, save and except expenses incurred by "COMPANY" in travelling to court appearances in Orange County and to the business offices of "CITY". With respect to expenses incurred by "COMPANY ", other than those expenses referenced above, such as air fare or over- night accommodations, "COMPANY" shall obtain prior approval from the City Manager of the City of Newport Beach for such expenses, and "CITY" shall reimburse "COMPANY" for all such expenses incur- red where prior authorization is given. 4. RETAINER Within ten (10) days of the date on which this contract is executed by the Mayor of the City of Newport Beach, "CITY" shall pay to "COMPANY ", a retainer in the sum of TEN THOUSAND DOLLARS ($10,000.00) to "COMPANY" and "COMPANY" shall draw from this retainer to satisfy legal fees payable by "CITY" pursuant to this contract, until such time as said sum is exhausted. 2 0 0 5. BILLING "COMPANY" shall submit to "CITY ", on a monthly basis, a bill for services rendered and expenses incurred by "COMPANY ", pursuant to this agreement. Each bill for services shall be accompanied by a full and complete explanation of the tasks performed, the individual who performed those tasks, and the hours spent on the performance of each task. Upon written request therefor, "COMPANY" shall provide the City Attorney for the City of Newport Beach such additional information as the City Attorney may request, including but not limited to copies of all work produced, and any other information and documentation to confirm the accuracy of the billing. The billings of "ADDITIONAL COUNSEL" shall be submitted with "COMPANY'S" billing. "CITY" shall pay all bills forwarded by "COMPANY" within 20 days of the receipt thereof, or only as to any disputed or questioned amounts within 15 days from the date on which any additional supporting information is received by the City Attorney, as set forth above, whichever last occurs. 7 6. "COMPANY" shall provide "CITY ", as of the date of this agreement and each sixty (60) day period thereafter, a sche- dule of the work anticipated to be performed during the next 60- day period, together with an estimate of the legal fees and ex- penses that will be incurred by "CITY" during the course of the performance of those services. The estimate of the cost of legal services and expenses, shall be considered the amount authorized by the City Council during that 60 -day period, unless "CITY ", within fifteen (15) days, from the date of receipt of the esti- mate, gives "COMPANY" written notice of a different amount, in which case, the amount specified in the written notice from "CITY" to "COMPANY" shall be considered the maximum amount that will be paid by "CITY" to "COMPANY" during said 60 -day period. If, after submission of the aforementioned schedule and estimate, "COMPANY" believes that the estimate might be exceeded, "COMPANY' shall immediately notify the City Attorney and submit a revised estimate and request instructions as to whether such additional services and /or expenses should be incurred. Subject to specific written authorization from the City Attorney, "COMPANY" may pro- ceed, if necessary, to provide the additional services and /or incur the additional expenses as approved. 0 7. EXPERTS "COMPANY" may, with prior approval from the City ' Council for the City of Newport Beach, employ such consultants, experts and specialists as may be necessary to fully protect the interests of the City of Newport Beach in the lawsuits. In the event that circumstances do not permit consideration of the retention of such experts by the City Council, the City Manager may authorize retention of such expert witnesses. 8. ASSIGNMENT This contract may not be assigned by "COMPANY' without prior written consent of "CITY•. 9. TERMINATION This contract may be terminated by "CITY ", upon 30 days' written notice to "COMPANY ", and in such event, "COMPANY' shall cooperate fully in transferring their files, together with all materials in their possession which may relate to "LAWSUITS", to such other attorneys as "CITY" may designate. Due to the W specialized nature of these "LAWSUITS•, and the complex legal and factual issues involved therein, "COMPANY" shall have no right to terminate this agreement and no right to withdraw from further representation of "CITY', with respect to " LAWSUITS', unless termination is justified for violation of this Agreement and is preceeded by a 90 -day written notice. Nothing herein shall excuse those attorneys representing "CITY" from their profession- , al obligation to ensure that "CITY'S" legal rights are fully protected. 10. ENTIRE AGREEMEW This instrument embodies the entire agreement of the parties hereto. There are no promises, terms, conditions or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either verbal or in writing, between the parties hereto. 11. TERM This agreement shall remain in effect until such ` time as "LAWSUITS' have been concluded either by way of settle- ment, dismissal or exhaustion of all available appeals. 10 12. EFFECTIVE DATE Upon approval by "CITY ", the effective date of this Agreement is April 5, 1982. The foregoing is understood, accepted and agreed to by the respective undersigned, authorized representatives of 'CITY" and 'COMPANY'. Executed the day and year first above written at Newport Beach, California. ATTEST: City Clerk APPROVED AS TO FORM City Attorney ' A5F- Airport3 0412821 "COMPANY" O� & GORDON Q Pierce O'Donnell "CITY• THE CITY OF NEWPORT BEACH By: r �,C4 , Mayor Prd Tem 11 OFFICE OF THE CITY ATTORNEY March 29, 1982 TO: Honorable Mayor & Members of the City Council FROM: Michael H. Miller - City Attorney RE: qkirpo rt LSE rgat -ion & "Ater ,Katter`w_ At the April 12th council meeting the agreement with special counsel for airport litigation shall be presented. As you know, pursuant to information provided at a previous closed session, Mr. Pierce O'Donnell is no longer with the Hufstedler firm. Accordingly, pursuant to your instructions, the new agreement has been prepared for O'Donnell & Gordon (O'Donnell's new firm) with his right to associate and retain the services of certain designated individuals at the Hufstedler firm, subject to City approval. The new agreement provides substantial financial controls and procedures to control costs and mitigate against any major deviation from estimates. As you may know, on April 1, 1982 the court will hear the objections of the County to the proposed written Statement of Decision and Judgment. For your information, in case you have not received subject material, I am enclosing a copy of the court's memorandum of intended decision and the proposed decision and judgment filed by our attorneys. Our current agreement with special counsel terminates on April 4, 1982. Subsequently, the new agreement to be approved on April 12th shall effect legal services provided, if any are necessary, during the brief interim period. Mr. O'Donnell should be present at the meeting of April 12, 1982, and can update the council at a closed session on a variety of issues including: • • 1. A question of increased flights around April 25, 1982 and City remedies; 2. Status of the PSA suit. 3. Status of legal opinions concerning settlement mechanism, Santa Ana Heights and other related issues. I shall keep you advised of the court's action on April j 1, 1982. Please advise if there are any questions. MHM /pr cc. Robert L. Wynn '_ City Manager Pierce O'Donnell M- 2M- Airport4 W�-� V �t4x-z Michael H. Miller