1987-0116_PAONE, GENOVESE, CALLAHAN ET AL_Legal Services Fee Agreement•
Paone, Genovese, Callahan, McHolm &Winton
MICHAELJ GENOVESE}
TIM PAONE LAWYERS*
STEVEN A. McHOLM
ROBERT E CALLAHAN
DANIEL K. WINTONt
RAYMOND KING
VICTORIA POWER
RALPH R MAZUREK
KATHRYN A. SACKETT
}A PROFESSIONAL CORPORATION
January 15, 1987
HAND DELIVERED
City of San Juan Capistrano
c/o Nancy Erickson
Community Development Administrator
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Legal Services Fee Agreement
Dear Ms. Erickson:
This letter will set forth the terms upon which our firm will
represent the City of San Juan Capistrano (the "City").
1. Scope of Work. You have asked us to advise the City with
respect to a parcel of property recently annexed to the City
which is located in the coastal zone. You have informed us
that the property is part of a certified local coastal
program adopted by the County of Orange prior to the
annexation of the property by the City. You have also
informed us that prior to the annexation of this property,
there was no property within the City which was also within
the coastal zone. Therefore, the City has not adopted a
local coastal program.
Given these facts, you have asked us to determine the
process required for the issuance of a development permit
for the property. You have also asked us to be prepared to
advise the City as to the appropriate means by which the
City can comply with the local coastal program process.
To discuss these issues further, a meeting has been set at
the City for Monday, January 19, 1987, at 10:30 a.m.
2. Work Performed to Date. As of the date of this letter, we
have spent significant time reviewing the California Coastal
Act (Public Resources Code Section 30000 et sec.) and the
annexation law of the State of California (Government Code
Section 56000 et seg.). In addition to research and
'A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
1470 JAMBOREE ROAD • P.O. BOX 7760 • NEWPORT BEACH, CALIFORNIA 92658-7760 • (714) 640-1680
11
Nancy Erickson
January 15, 1987
Page 2
0
analysis, several telephone calls have been made to obtain
information regarding the issues presented.
The results of our research and analysis have been conveyed
orally to Pat David and will be the subject of our meeting
on January 19, 1987.
The fee for our services to date is $925.00, based on five
hours of my time at $185 per hour. Unless we receive
further authorization, we will not incur any additional fees
prior to the meeting on January 19, 1987, except as
incidental to that meeting. At this time, we have not
prepared a written memorandum detailing the results of our
research and analysis.
It is difficult to estimate the future costs which might be
involved in addressing these issues. After we have had an
opportunity to meet on January 19, 1987, we should be able
to review the scope of work and then, perhaps, provide a
reasonable estimate of the cost which will be incurred
through the resolution of this matter.
3. Fees for Legal Services. Our fees are governed by the Code
of Professional Responsibility of the American Bar
Association. The primary factor in setting our fees is our
standard hourly rate in effect at the time the services are
performed. The firm's current hourly rates range from
$100.00 to $185.00 per hour. The rates of individual
attorneys are adjusted periodically to reflect increasing
levels of experience and expertise and the cost of legal
services prevailing in the community. We will provide the
City with an update on those adjustments upon request at any
time.
4. Out -of -Pocket Expenses. It may become necessary for us to
incur out-of-pocket expenses on the City's behalf ("costs").
The City will be billed for those costs with its monthly
invoice. Costs include out-of-pocket expenditures such as
filing fees, messenger fees, outside photocopying services,
computerized research, deposition fees, and fees for service
of process. Where costs are substantial, we may request
advance payment. We do not bill for postage, long distance
telephone charges, routine photocopying, or word processing.
5. Billing Statements. Our monthly invoices itemize all
services performed and costs incurred. Payment is due upon
receipt of invoice. We reserve the right to withdraw our
representation if any invoice is not paid in full within
thirty days from the date of the invoice.
`J
Nancy Erickson
January 15, 1987
Page 3
0
6. Termination. This agreement may be terminated by written
notice at any time by either the City or the firm. However,
the firm shall be compensated according to this agreement
until formally relieved of its representation.
If the terms of this fee agreement are acceptable, please have
the appropriate officer of the City sign and return to me the
enclosed copy of this letter.
We appreciate the City's consideration of our firm and look
forward to a mutually enjoyable relationship.
Best regards,
PAONE, GENOVESE, CALLAHAN,
McHOLM & WINTON
By.
Tim Paone
THE CITY OF SAN JUAN CAPISTRANO AGREES TO THE TERMS AND
CONDITIONS SET FORTH IN THIS LETTER.
Date: Z/687 CITY OF SAN JUAN CAPISTRANO
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