HomeMy WebLinkAboutAIRPORT LAND USE COMMISSION CORRESPONDENCE DECEMBER 8, 2000 - JANUARY 8, 2001a
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AIRPORT LAND USE COMMISSIION
CORRESPONDENCE - December 8, 2000 — January 8, •2.001
Date
received/s
ent
Incoming
Outgoing
From
Subject
12/11/00
Butte Co. Board of Superv.
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Norm Rosene, Chair, '
ALUC
Offer to meet with Board of Super. collectively
or individually to discuss traffic patterns
related to the ALUCP and Addendum.
1 /18/00.
ALUC
Dept. ofy
Transportation
RE: Requests for project funding from the
State Aeronautics Account / 10 -Year Capital
Improvement Program (CIP)
12/19 0
Craig Sanders _
Dept: of
Transportation
Follow-up/comments relative to"Addendum
1/2/01
Tom Parilo
Development Services Dir.
,
Office of County
Counsel, County of
Butte
Copy of Agreement to Retain Attorney
Services between Mr. Larry Thelen and Office
of County Counsel, County of Butte
1/2/01
Tom Parilo and M. A.
Meleka
_
Jane Dolan, Chair,
Butte County Board -
of Supervisors
Copy of a map included in a Chico City
Manager report re: Bidwell Ranch—displaying
contour lines of the CDF air tanker flight
pattern.
1/5/01
M. A. Meleka
Thomas J. Lando,
Chico City Manager
Request for copy of the adopted CLUP for the
Chico Municipal Airport and accompanying
map.
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OFFICE OF COUNTY COUNS
COUNTY OF BUTTE .-
•r.. °e1) TF 25 COUNTY CENTER DRIVE
• OROVILLE. CALIFORNIA 95965 3380
a o PHONE (530) 538-762 I
• o FAX (530) 53S -6S91
V countycounsel@buttecounty:net
• CSN�� ,
BRUCE S. ALPERT
COUNTY COUNSEL
17�
December 20, 2000
D EC 2OWE
JAN 1 LVv!
ASSIS81-I ' OMIMY COUNSEL
AIRPORT LA190 WF,1M.WSSION
CHIEF DEPUTY COUNTY COUNSEL
DAVID M. MCCLAIN
ROBERT W. MACKENZIE
DEPUTY COUNTY COUNSEL
FELIX WANNENMACHER
t
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• t y
RE A reement to Reta'n Attor~� S
3_ces
Mr. Larry Thelen
Attorney'at Law
4534 Shady Oak Way
Fair Oaks, CA 95628
Dear Mr.. Thelen:
Enclosed for ' your records is 'a fully .executed copy of your
Agreement for attorney services with the Butte County Airport Land
Use Commission. Also enclosed are blank claims for you to fill out
and attach your invoices to. A sample claim has been enclosed for
your use. Please forward all claims directly to this office.
If there are any remaining questions, please do not hesitate
to call me.
D
ry1#ALRT
S,
Butte Couounsel
BSA jm
Enclosures
cc: John Blacklock, CAO
L,-1P=Parilo, 'Development Services Director
G:\BRUCE\THELEN3.wpd
RECEIVED
DEC 2 2 2000
BUTTE COUNT, PLANNING DIVISION
CROVILLE, CALIFORNIA
COUNTYC-
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AGREEMENT TO RETAIN ATTORNEY SERVICES CONTRACT NO.. '
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LARRY THELE 1
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THIS AGREEMENT made between the County Airport Land Commission,
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hereinafter referred to as "ALUC", AND Larry Thelen hereinafter
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referred to as "ATTORNEY".
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WHEREAS, ALUC desires to retain ATTORNEY to provide certain legal
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services on behalf of ALUC; and,
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WHEREAS, the parties hereto expressly understand and agree that
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ATTORNEY is providing legal `services solely to ALUC and that there is
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no attorney-client relationship between ATTORNEY and the County of
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Butte hereinafter referred to as COUNTY; and,
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WHEREAS, ATTORNEY is willing to undertake the representation of
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ALUC under the terms and conditions set out herein.
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NOW, THEREFORE, IT IS AGREED as follows:
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1. Performance of Legal Services; Member in Good Standing of
State Bar Association.
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ATTORNEY shall perform legal services for and represent ALUC to
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the best of his ability and in a professional manner. ATTORNEY
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warrants that ATTORNEY (includi ng, as maybe applicable, any and all
attorneys who are employed by, are partners in,, or are •otherwise
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associated with ATTORNEY and will perform legal services hereunder)
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is now, and will be az all times-.
that sere cps are'performed during
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the term hereof, a member in' good standing of the State Bar .of
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California.
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2'. Compensation and Expense Reimbursement. ALUC shall compensate
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ATTORNEY -for actual legal services performed at 'the rate of one
hundred dollars ($100) per hour for attorney time. In no event shall
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ALUC'�s total payment to ATTORNEY exceed five thousand dollars ($5, 000)1
Iwithout written authorization from ALUC and COUNTY. In addition, ALUC
shall reimburse ATTORNEY for out of pocket costs incurred on behalf
of ALUC, including but not limited to, telephone toll charges,
photocopy charges, travel expenses at the rate of thirty five and one-
half cents ($.355) per mile and overnight expenses where necessary.'
3. Attorneys Overhead Expenses. ATTORNEY shall be responsible
for his own overhead expenses, including, but not limited to those for
secretarial service, dictation and other office equipment, office;
space and incidental supplies.
4. Agreement Limited to Matters Referred. This Agreement is to
apply only to those particular legal matters that are referred to
ATTORNEY directly by ALUC with respect to the .presently pending
Comprehensive Land Use Flan (CLUP).
5. Term. This Agreement shall remain in full force and effect
for a term representing that --period of time during which ATTORNEY
shall review and advise ALUC on legal matters related directly to the
CLUP through final approval of said CLUP by the Airport Land Use
Commission. Notwithstanding any of the above, this Agreement may be,
terminated by either party, with or without cause, upon thirty (30)
days prior written notice being given by one to the other by certified
mail, return receipt requested.
5. Independent Contractor. It is specifically and expressly
understood that this agreement creates no relationship of,
employer/ employee between the parties, that ATTORNEY is an independent
contractor and not an employee of ALUC and that neither he nor his
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employees are eligible to participate in ALUC health and dental
protection, vacation, holiday, retirement, or other programs which are
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applicable to AWC and/or'County-employees. Neither ALUC nor COUNTY
will pay for or provide Workers' Compensation insurance, State!
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Disability insurance benefits, Unemployment Insurance benefits or,
Social Security. ATTORNEY shall be responsible to pay or provide for
such insurance or benefits and to pay his own federal and state incomes.
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tax responsibilities, Social Security and any other payroll tax
obligations that he may owe as a result of compensation received for
services rendered :pursuant to this Agreement.
7. Billings. ATTORNEY shall submit interim billings once at
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month, if accumulated charges are 'in excess of Five Hundred Dollars
($500). ATTORNEY agrees that all billings shall be maintained in an.
itemized form for production at a future date, if requested by ALUC'
or COUNTY, detailing costs, expenses and services performed with -
actual time worked in units of. 1/10th of an hour. Where_
correspondence or phone conversations are charged, the identity of the'
other party shall be included in the item description. However,''
submitted billings shall be attached behind a County claim form
(attached hereto as Exhibit A), and shall only disclose the number of,
hours worked and any costs incurred as described in paragraph 2 to
this Agreement, and shall be dated and signed by ATTORNEY. ATTORNEY's`
file creation, file organization, and conferences internal to,
ATTORNEY's law firm, shall be considered overhead items and non
billable.
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8. Addresses for Correspondence. For purposes of this,
agreement all referred to reports, budgets, acknowledgments,l
correspondence and communications between the parties shall be[
addressed as follows:
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To COUNTY
Butte County Counsel
25 County Center Drive
Oroville, CA 95965
To. ATTORNEY
Larry Thelen, Esq.
4534 Shady Oak Way
Fair Oaks, CA 95628
,To ALUC '
ALUC
7 County Center Dr':
Oroville, CA 959651
9. Complete Agreement; Amendment. This agreement together with
exhibits attached thereto, expresses the understandings of the parties
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concerning all matters covered and supersedes all prior negotiations,'
representations or agreements, either written or oral. No additions
to, or alternation of the terms of this agreement, whether by written -
or verbal understanding of the parties, their officers, agents ori
employees, shall be valid unless made in the form of a written'
amendment of this agreement.and.formally approved by the parties.
2b .�ybd
DATE: I 0 L ATTO
By 2 4
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Larry Thelen
AIRPOORRfT L USE COMMISSION
By
Guarantee of payment. The County of Butte hereby agrees to pay all
attorney's fees, costs and charges incurred by ALUC pursuant to this
Agreement.
Insurance. The County of Butte (hereinafter "County") will defend and
pay on behalf of Attorney for any loss arising out of- legal,'
professional liability of Attorney if the occurrence from which the
loss arises took place during the term of this Agreement and arose out'
of his or her contractual responsibility to the Airport Land Use
Commission (ALUC). Such occurrences are limited to the rendering of
or failure to render legal consultant services to the Airport Land Use
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I Commission (ALUC) and does not include rendering of or failure to
2 render such services to private. clients. Attorney will be covered
3 under the County's self-insured general liability program and excess
4 liability insurance. County's obligation to defend and indemnify
5 shall be subject to and in excess of any valid and collectible
6 professional liability insurance coverage. No coverage will be
.7 afforded for any services provided for which a private billing is made
8 or authorized by Attorney.
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COUNTY OF BUTTE
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LACKLOCK
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141,
APPROVED AS TO FORM APPROVED AS TO BUDGETARY
BRUCE S. ERT AND FISCAL CONTROL
15 Butte Co nt C.ou sel DAVID HOUSER, Auditor -Controller
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By: B \
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1�7��G i21�4I9-,).
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JANE DOLAN, g ternss
���c��a✓ Cor, -est.
Supervisor, mstrxT 2, ButteCounty- -
Office: County. Building IN 196 Memorial Way ■ Chico, California
Mail: P.O. Box 3700 IN Chun,Califo2 ! n�
December 21, 2000 D LS
JAN 2 2001
To Tom Parilo and M.A. Meleka,
BUTTE COUNTY
Here is a copy of a map that was included in a Chico City Manager O T L ND SE COMMISSION
for the city -owned Bidwell Ranch property. The original is color. You can see the
contour lines of the CDF Air Tanker flight pattern. This is a portion of a larger map that
the CDF Air Attack Base Captain has presented.to us before. Certainly the ALUC should
have this and use it for the flight path of the tankers and. not something else.
Printed on recycled paper
RECEIVE®
DEC 26.2000
BUTTE COUNTY PLANNING DIVISION
OROVILLE, CALIFORNIA
•
Cl
OFFICE OF THE tV
CITY MANAGER
411 Main Street JAN 5 20��
CITYorCHICO P.O. Box 3420
INC. 1872 Chico, CA 95927
(530) 895-4800COVNTV
FAX (530) 895-4825 g ANI) uSE COMpl11S510►�
ATSS 459-4800 AIRPORT LAN
l`5�7'ib cc-�-t?lY
G-GA-2-10-3/Chrono January 4, 2001 &e j
M. A. Maleka
Butte County Airport Land Use Commission ;
7 County Center Drive
Oroville, CA 95965
Dear Mr. Maleka:
The City of Chico has concerns regarding the recently adopted Comprehensive
Land Use Plan (CLUP) for the Chico Municipal Airport. However, we.are uncertain
as to the extent of those concerns since we do not have a copy of the document.
Pursuant to the Public Records Act, I am hereby requesting that a copy of the
• adopted CLUP for the Chico Municipal Airport and accompanying map be provided
to the City of Chico. Please advise me if there are any costs for the plan.
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If you have any questions, please feel free to call me at 895-4802.
TJL:mh
AM
S:NAR"Wo t IZGDReMtter�d
Sincerely,
Thomas J. ando
City Manager
RECEIVE®
JAN 5`2001
BUTTE COUNTY PLANNING DIVISION
OROVILLE, CALIFORNIA
g�� Made From Recycled Paper