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SR-6-L (9) <<- ... e II !) 0 - Ob S e b-L J~\\ ~ 11 198& CA:RMM:rcboc Clty Councll Meetlng 1-24-84 Santa Monlca, Callfornla STAFF REPORT TO: Mayor and Clty Councll FROM: Clty Attorney SUBJECT: Recommendatlon to Approve Outslde Counsel for the Rent Control Board The Clty Attorney has recelved the accompanying request for Clty Counell approval of outslde counsel for the Rent Control Board. Pursuant to the Judgment entered ln Crelghton v. Dennls, Clty Councll approval lS requlred for all outslde counsel performlng serVlces for the Rent Control Board followlng January 24, 1984. The Clty Attorney has revlewed the request of the Rent Control Board and believes that lts request for outslde counsel should be approved. RECOMMENDATION It 15 respectfully recommended that the City Councll approve the accompanYlng request for outslde counsel for the Rent Control Board. PREPARED BY: Robert M. Myers, Clty Attorney 6-L .\A\\ 2 4. iSM "" e . SANTA MONICA Rf~r CONTROL BOARD - ME~O TO; ROBERT M. MYERS, CITY ATTORNEY 411fJ' AICHA~L HiUMANN~ RB~T CONT~OL BOARD SriNIOK ATTJK~bY F Ru!"! ; DATE: JANUARY 20, 1984 RE: RiQUcsr TdAf CITY COuNCIL APPROVE ~ETENTION OF JOEL LEVY AS OuTSIDE COUNSEL FOR THE RENT CONTROL BOARD WIfH RESPECr TO CJURT OF APPEAL PROCEEDINGS IN CASTIGLIONE, et ale v. SANTA MONICA PERMANENT RENT CONTROL BOARD, et ale Pursuant to our conversatIon on Tuesday, I am wrItIng thIS memo to you regardIng the need to request the CIty CouncIl's approval to retaIn Joel Levy as outsIde counsel to represent the Rent Control Board In tne consolldated appeal proceedIng In Castlgllone, et al. v. Santa MonIca Permanent Rent Control ~oard, et a1.. These consolIdated cases nave a long and complIcated procedural hIstory, have resulted In volumInous brIefing at both the SuperIor Court and Co~rt of Appeal levels, and have raIsed unIque and complex legal Issues. The cases are further complIcated by tne confUSIng approacnes to Issues taken by Lowell Wedemeyer, counsel for the petItIoners, respondents and cross-appellants. Joel Levy has handled tnese cases on benalf of tne Board Slnce theIr lnltiation In SuperIor Court, both during the perIod he was Staff Attorney for the Board and SInce he left the Board and commenced hIS own prlvate practIce. The CIty IS also a respondent In tnese cases. However, no attorney presently on eIther the Board's legal staff or CIty Attorney's staff IS suffIciently famlllar wltn tnese cases to take over tne lead responsIbIlIty for them without very substantial Investment of time and energy to reVIew tne volumInous SuperIor Court records and appellate brlefs. The cases are fully brIefed and awaItIng oral argument before the Court of Appeal at thIS tIme. My recommendatIon is tllat Joel Levy be retaIned after January 24, 1984, untIl SUCh tIme as the Court of Appeal lssues ItS deCISIon In these consolIdated cases, to represent the Board In oral argument and any further brIefIng of issues that mIght be requIred. 6047f ~ . e e Memo to Rooert M. Myers Re: Request that CIty CouncIl Approve RetentIon of Joel Levy, etc. January 20, 1984 Page 2 Joel Levy's terms for hIS legal worK In CastIglIone, et al. are $70.00 per hour. ThIS request for the City Council's approval IS of course made pursuant to the Creighton Judgment and stay order, whlcn requIres City Council approval of the retentIon of outside counsel to represent tlie Rent Control Board In any litigatIon as of January 24, 1984. MH:lp 6047T