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