The URL can be used to link to this page

Home My WebLink AboutC. Edward Dilkes - Talanoff, Wallin, Kress and Dilkes - 1978-06-16TELANOFF, WALLIN, KRESS & DILKES LAW OFFICES RONALD M, TELANOFF 11340 WEST OLYMPIC BOULEVARD, SUITE. I4S 479-3787 SAMUEL BO LLI WSKY - LOS ANGELES, CALIFORNIA 90064 879-4520 PETER L. WALLIN - C. EDWARD DILKES ROBERT L. KRESS STANTON J. PRICE June 13, 1978 Honorable Mayor and Members of the City Council of the City of Huntington Beach City Hall 2000 Main Street Huntington Beach, CA 92648 Re: Retainer Proposal for L. C. Smull v City of Huntington Beach, et al., No 29-10-89 Honorable I7ayor ,and Members of the City Council: This lette> is intended as a proposal pursuant to your request of June 12, 1978. Our firm would be prepared to assume responsibility for the above -entitled litigation on an emergency basis, on the terns and conditions set forth below. We would note at the outset that your own City Attorney, Gail Hutton, would, under normal circumstances, be ably qualified to handle this litigation. We understand that this proposal has been requested only as a result of the current emergency circumstances in City Hall stemming from the approval of Proposition 13, the pendency of another piece of major litigation which will commence trial this month, and the incomplete staffing which Ms. Hutton currently must labor with. Under these circumstances, we would be pleased _o assist the City in accordance with the terms of this proposal. Our firm would assume responsibility for representation of the City of Hun; ;ton Beach on n interim basis. We would be compensated at an hourly rate o-�80--88 per hour for all `,pork performed, including research, drafting, court appearances, pre- paration, investigation, and the providing of advice and opinions to City staff and members of the Council. We understand „hat the Charter and Ordinances of the City of Huntington Beach provide for such contracted services on an emergency basis, but impose a limitation of $2500 upon the amount of such contract. Accordingly, we are prepared to undertake the representation outlined above up to and including the sum of $2500. AMIL TELANOFF, WALLIN, KRESSK DILKES LAWOFFICES Honorable Mayor and Members of the City Council of the City of Huntington Beach June 13, 1978 Page Two At this point, we estimate that a demurrer, answer, and s:,- mission of points and authorities,as outlined in the attached confidential memorandum, and a hearing on the Petition will not consume more than such amount in terms of our compensation. However, even if we prevail at the hearing we could not expect the case to end there. Petitioner would most likely seek leave to amend to - 'ege additional facts and theories, and eventually appeal, and in all likelihood the total expenses of defense will far exceed $2500 before the City obtains a successful and final resolution either through litigation or settlement.' Accord- ingly, we request that the Council commence discussions concerning its posture towards settlement and/or contracting the entire defense through the City's bidding procedures. For now, we would agree to commence the representation within the proposed $2500 limitation, but wish that it be under- stood at the outset that, should this limit-tion be exceeded, we would be requesting additional compensation` from the Council. We would further agree to cooperate fully with City staff and with representatives of Ms. Hutton'-s office, and would anticipate full cooperation from them to reduce the complexity and cost of this litigation. Finally, we would expect that all costs incurre" in the course of this litigation be borne by the City of Huntington Beach,. Obviously, thesr. are costs which would: be required whether_ we represented: the City or the representation was obtained through the existing offices of the City Attorney. Accordingly, such costs, including fil:Lng fees, costs of deposition, preparation of exhibits and costs of duplication, messengers, a.r;.d related expenses be borne by the City outside the scope of our agreement. We would be happy to advance such costs from our office, but would expect re- imbursement upon transmittal of the bills to the City. Our own services will be billed on the first day of each month, and will cover all work performed during the preceding month. The bills for our compensation will be transmitted as separate items from the costs advanced. We would ask that the Council place all bills, for costs and for compensation, on the next succeeding claims and demands and, upon ,approval, remit the sums then due to our offices at the address set forth above. i TELAIJOFF, WALLIN., KRES & DILKES LAW OFFICES. Honorable Mayor and Members of the City Council of the City of I3untington Beach June 13, 1978 Page Three For your convenience, we have prepared this proposal in contract form, and when approved by the Council and executed by the Mayor, it will constitute our retainer agreement. Again, we are pleased to of assistance in this situation, and will endeavo- to give this matter our very best efforts. If there are any questions concerning this retainer agreement or the litigation, .eel free to contact our offices. Very truly yours, TELANOFF, KRESS & D LK I BY: G. EDWARD DILKES Approved: t .1 s' June 20 1978 fi y DATE � MAYOR, CITY OF HUNTINGTON BEACH BY: City Cle k APPROVED AS TO FORM GAIL C-IU±TON City Attorney t 4w. Jj City of Huntington. Beach P.O. BOX 990 CALIFORNIA 9264 OFFICE OF THE CITY CLERK June 27, 1978 Mr. C. Edward Di1kes Talanoff, Wallin, Kress & Dilkes 11340 West Olympic �1vd., Suite 145 Los Angeles, CA, 90064 Dear Mr. Di 1 kes c The City Council of the, City of Huntington Beach at its meeting held June 16, 1978, approved your contract proposQl to represent the City for $75 an hour up to but not exceeding $2,500 on a non -continuing contract basis. Enclosed is an Executed copy of the letter agreement for your file Sincerely, Alic4'v M, Wentworth City t1erk AMW:bt I Enclosure IRMO Page #2 - Council Minutes 6/16/78 AYES: MacAllister, Bailey, Mandic,, Shenkman NOES:. Thomas, Siebert ABSENT: Pattinson - 7 On motion by MacAllister, second Shenkman, Council authorized the City Attorney to hire a Deputy Attorney III, Step "E", by the following roll call vote AYES: MacAllister, Bailey, Mandic, Shenkman NOES; Thomas, Siebert ABSENT: Pattinson RECESS - RECONVENED Council recessed at noon and Councilman Thomas left the meeting at that time. The meeting was reconvened at 1:00 P.M. by the Mayor. HARBORS AND BEACHES PRESENTATION MOOR -HOUSE Vincent Moorhouse presented the 78-79 FY proposed budget for the Department of Harbors ,d Beaches. IERGENCY REQUEST - CITY ATTORNEY City Attorney Gail Hutton interrupted the meeting to inform Council of�'the Warner- Gol'denwest Redevelopment hearing being held in Superior Court Business Properties, Inc. vs. City. Deputy City Attorney Mark Travis requested an immediate response to a contract proposal by * Dukes to represent the City for,$80.00 an hour, up to but not exceeding $2,500 Discussion was held by Council and it was agreed by Mrs. Hutton that Mr. Dilkes would agree to $75. On motion by MacAllister, second Bailey, Council approved the payment from the Con tinge cy Fund of the amended amount of $75 an hour, up to but not exceeding $2,500 to 71,Led Dilkes, on ,a non -continuing contract basis. The motion passed by the follow- ing roll call vote; AYES: MacAllister, Bailey, Siebert, Shenkman NOES: None ABSENT': Thomas, Pattinson HARBORS AND BEACHES - CONTINUED PRESENTATION Mr. Moorhouse continued his presentation and gave several suggestions for upgrading his operation in the future, including computerized cash registers in the conces- sions, Parking Authority purchase of State surplus property at PCH and Highway 39, two added pier restaurants and upgrading existing pier projects: Considerable discussion was held, with Councilman MacAllister in support of the Harbors and Beaches program, including the sandman patrol. Discussion was held over Councilwoman Bailey's concern over the lifeguard service at the State Beaches and the inherent problems. Following discussion regarding stafting and rental equipment, the Harbors and Beaches presentation and discussion concluded,