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HomeMy WebLinkAboutBest, Best & Krieger - Litigation Counsel PROPOSAL AND QUALIFICATIONS TO PROVIDE SPECIAL LITIGATION COUNSEL TO THE CITY OF ATASCADERO, CALIFORNIA by BEST BEST & KRIEGER LLP HOWARD B. GOLDS THOMAS R. GIBSON KOURTNEY C.VACCARRO KEVIN T. COLLINS March 5, 2003 3750 University Ave.,Riverside,CA 92501;Tel: (909)686-1450;Fax:(909)686-3083;Website:www.bbklaw.com SPECIAL COUNSEL LITIGATION SERVICES Best Best& Krieger LLP ("BB&K") is pleased to submit to the City of Atascadero its qualifications for special litigation counsel to defend the City of Atascadero against a potential lawsuit under the Fair Housing Act("FHA")and the Americans with Disabilities Act("ADA") based upon the City's denial of a zone change for a large residential facility for parolees. We hope the following will provide the information you need regarding the substantial experience we have in this area of the law and our firm's desire to provide legal services to the City of Atascadero. If any additional information is required with respect to our qualifications or experience to serve as legal counsel in this action,please call Howard Golds in our Riverside office at(909) 686-1450 or Thomas R. Gibson in our Sacramento office at(916)325-4000. BB&K is one of the oldest and largest full service municipal law firms in California, providing legal services to cities, redevelopment agencies, school districts,joint powers authorities and other public agencies in California for more than 100 years. As one of the leading public law firms in California, BB&K has a longstanding commitment to the efficient and cost effective delivery of legal services to public clients. We feel this gives us the ability to address complex legal issues with creativity, speed, efficiency and accuracy,at a fair and reasonable cost. RESPONSIBLE ATTORNEYS Howard B. Golds, Thomas R. Gibson, Kourtney C. Vaccarro and Kevin T. Collins will be responsible for this litigation matter. Howard Golds is in our Riverside office. Thomas Gibson, Kourtney Vaccarro and Kevin Collins are in our new Sacramento office. All attorneys are intimately familiar with the FHA and the ADA as those statutes relate to land use decisions. They are also familiar with the extensive case law in this area of the law, including the recent case of Bay Area Addiction Research and Treatment Inc. v. City of Antioch, 179 F.3d 725 (9th Cir. 1999), in which the plaintiff obtained an injunction against the City of Antioch for barring a methadone clinic. 2 I HOWARD B. GOLDS State Bar No. 112626 hbgolds@bbklaw.com CASES HANDLED BY MR. GOLDS THOMAS R. GIBSON State Bar No. 192270 trgibson@bbklaw.com Mr. Gibson represents cities and other public agencies as general and special counsel on matters involving local government reorganization, land use and planning, contracts and Constitutional issues, and represents public and private clients in litigation in state and federal courts. Mr. Gibson has also represented numerous clients before federal and state regulatory agencies. Mr. Gibson currently serves as Assistant City Attorney for the City of Woodland and as Deputy City Attorney for the City of Lafayette. Prior to joining Best Best&Krieger, Mr. Gibson practiced in the public law department of Kronick Moskovitz Tiedemann& Girard, where he advised public entities including the Cities of Woodland, Galt, Citrus Heights and West Sacramento, as well as other cities and public agencies. Mr. Gibson received his Juris Doctorate,cum laude, in 1997 from the Northwestern School of Law of Lewis & Clark College in Portland, Oregon, graduating second in his class with a certificate of concentration in Environmental and Natural Resources Law. He received his Bachelor of Arts Degree in English from the University of California at Davis in 1989. Mr. Gibson was admitted to the California bar in December 1997, and the District of Columbia bar in 2000. KOURTNEY C. VACCARO State Bar No. 173558 kcvaccaro@bbklaw.com Ms. Vaccaro has over six years of experience representing public and private clients on eminent domain, contract and general municipal law including CEQA, land use and zoning, the Brown Act, conflicts of interest, elections,real property acquisition, code enforcement, responses 3 I I I to Public Records Act requests, competitive bidding, forming joint powers authorities, and the drafting of ordinances and resolutions. Before her association with Best Best & Krieger in 2002, Ms. Vaccaro practiced eminent domain and contract litigation with the firm of Freeman, D'Aiuto, Pierce, Gurev & Keeling in Stockton. Prior to that, she practiced municipal law in the public law department of Kronick Moskovitz Tiedemann & Girard, where she routinely advised public entities including the Cities of Woodland, Galt, Citrus Heights, West Sacramento, Plymouth, and a variety of school districts, special districts and joint power authorities. Ms. Vaccaro obtained her Bachelor of Arts degree from the University of California, Berkeley, in 1988, and earned both an M.P.A. and a J.D. from the University of Southern California in 1994. She was admitted to the California Bar in December 1994. KEVIN T. COLLINS State Bar No. 185427 ktcollins@bbklaw.com Mr. Collins is an associate in the Litigation Department of BB&K where he represents a number of public entities in a wide variety of litigation. Mr. Collins has successfully litigated many public law cases pertaining to land use issues, such as receiverships, revocations and denials of conditional use permits,and injunctions for public health and safety hazards. Because of his land use emphasis, Mr. Collins is readily familiar with the complicated procedures of defending petitions for writs of mandamus brought against public entities. Mr. Collins has represented public entities in all phases of litigation, including writ proceedings,jury and court trials, and appeals. Recently, Mr. Collins published two articles"Court-Appointed Receivers: A Viable `Long Bomb' Option Against Substandard Housing" and"Blight Removal Makes Strange Bedfellows: Unfair Competition Law and Abating Substandard Commercial Property" in the California Land Use Law& Policy Reporter. Mr. Collins received his Juris Doctorate from the University of the Pacific, McGeorge School of Law in 1996. While in law school, he served as a staff writer for the Legislative Law Review(Volume 26) and received highest honors in both Moot Court and Trial Advocacy. Mr. Collins attended the University of Redlands and graduated Phi Beta Kappa in 1992 with a Bachelor of Arts degree, cum laude,in Liberal Arts. He has successfully completed an intensive trial training program through the National Institute of Trial Advocacy. CASES HANDLED BY MR. COLLINS 4 Sanghvi et al v City of Claremont et al. United States District Court, C.D. Cal.,Case No. CV 97-7629(CM). Mr. Collins second chaired the successful jury trial described above and examined or cross-examined four witnesses,including one expert witness. Behavioral Health Services Inc. et al. v. City of Gardena, United Stated District Court, Central District, Case No. 01-07183 WJR(RZx). Mr. Collins also represents the City of Gardena in the action described above. Park Manor Corporation; Glenn Vodhanel v. City Of San Jacinto,United States District Court, Central District of California Case No. CV98-7100,Mr. Collins assisted in representing the City of San Jacinto in a lawsuit regarding the City's implementation of its zoning ordinances and its opposition and closure of plaintiffs' facility for treatment of the mentally ill. Plaintiffs claimed a regulatory taking, violations of the Civil Rights Act,the ADA and violations of the FHA. Pursuant to the settlement, the property owner and operator of the facility agreed to transfer the property to the City below market value so that it could be used by the City for a low income housing project. B & W Market et al. v. City of Fontana, San Bernardino Superior Court Case No. SCVSS 60448. Mr. Collins was the primary attorney in this action brought by the plaintiff alleging selective enforcement and discrimination in the revocation of its conditional use permit to sell alcoholic beverages. The case proceeded on a petition for writ of mandate to set aside the revocation and the writ was denied in its entirety. Additionally, the City brought its own action for a permanent injunction prohibiting plaintiff from operating without a conditional use permit. The permanent injunction requested by the City was granted in its entirety. City of Fontana v. Engine Experts et al., San Bernardino Superior Court Case SCISS 59308. Mr. Collins was the primary attorney for the City of Fontana in obtaining a permanent injunction against a large commercial automobile repair and scrap yard. The defendant claimed that the City was selectively enforcing its regulations against it. Ultimately, the defendant stipulated to a permanent injunction and agreed never to reopen in the City of Fontana. Cluster F LLC v. City of Riverside, Riverside Superior Court Case No. RIC 358103. Mr. Collins was one of the attorneys that successfully defended the City of Riverside against a petition for writ of mandate challenging an order to demolish a large apartment complex. The petition for writ of mandate was denied in its entirety by the court. City of Corona v. Showcase Theater, et al., Riverside Superior Court Case No. RSC 310925. This was an action brought by the City of Corona against live rock music club for 5 serious violations of public safety laws. The defendants claimed that the City was violating its First Amendment rights. The City obtained a temporary restraining order and the defendants agreed to a permanent injunction imposing numerous restrictions on the club's use. Outdoor Media Systems v. City of Ontario, Central District of California Case No. CV- 99-1529 SVW(SHx). Plaintiff sued the City of Ontario claiming that the City had improperly denied its application for a billboard within the City. Plaintiff claimed that the City of Ontario's ordinance violated the First Amendment.,The case was dismissed by the District Court and upheld on appeal by the Ninth Circuit. TECHNOLOGICAL RESOURCES Our technological resources allow us to service our clients next door or far away, and we take great pride in our availability and responsiveness. All of our attorneys are provided with cellular phones and direct dial numbers so that they can be reached outside the office or after regular business hours. We also have a videoconferencing system that allows us to hold video teleconferences with our clients. We also are proud of our computer network system. Each BB&K office has installed a Local Area Network or"LAN." The LAN allows everyone in all offices to share all of the firm's work product. The network also allows everyone to access the Internet and Lexis directly from the desktop. We make laptop computers available to our attorneys so they can utilize these resources when they are away from the office. In addition to the firm's state of the art hardware, BB&K has acquired and installed.a wide variety of applications to assist attorneys and staff. Our IT Department has seven full-time employees. The IT Department develops`and implements ongoing training programs in WordPerfect, Microsoft Word, Quattro Pro and Presentations. Specialized classes also include basic and advanced Internet skills. Our IT Department is always available to coordinate technical solutions with our clients' technical personnel and other law firms. LIABILITY INSURANCE BB&K maintains professional liability coverage with Lloyds of London with a total limit of liability of$20,000,000 per-claim with an aggregate deductible of$500,000 and a per-claim deductible of$75,000. We also carry general liability insurance in the arAount of$1,000,000. 6 We will be pleased to provide a copy of a valid insurance certificate and proof of adequate workers' compensation coverage for employees upon request. COMPENSATION BB&K has provided special litigation counsel to city attorneys for years, including small, medium and large cities. We recognize the need not only to keep legal costs under control, but to reduce them by cooperatively implementing more cost effective and efficient systems for delivering legal services in a timely fashion and at an affordable cost. Based upon our experience, BB&K proposes to provide legal services to the City of Atascadero at a blended hourly rate of$185.00 per hour for all attorneys. If the City prefers separate billing rates, BB&K proposes to provide services at the rate of$205.00 per hour for Mr. Golds and other partners, $175.00 per hour for Mr. Collins and other senior associates,$135.00 per hour for junior associates and $105.00 per hour for paralegals. Reimbursement of costs advanced by us on behalf of the City, as well as other expenses, would be billed in addition to the amount billed for fees. These currently include, but are not limited to, automobile mileage at the rate of$.36 per mile, actual expenses away from our office on City business, Lexis/Nexis research, long distance telephone calls, extraordinary photocopy charges at$.12/page, and any costs of producing or reproducing photographs, documents, and other items necessary for legal representation. Our firm makes no separate charge for secretarial or other administrative charges. Our fees include all routine word processing, secretarial and office costs associated with the provision of legal services. We believe these hourly rates and costs for legal services are competitive with other law firms specializing in the public law field;they are particularly competitive with those law firms with similar experience and breadth of practice. CONCLUSION BB&K would be pleased to act as special litigation counsel to the City of Atascadero. We believe we have special expertise that will be of significant value to the City and hope you will select BB&K as your counsel. Thank you for considering this proposal. We look forward to working with you. Respectfully submitted, 7 BEST BEST&KRIEGER LLP 8 09-17-04 11:51 am From-RK +9163254010 T-367 P.002/004 F-194 SPP-1 7-04 Rab=36 FROM=B12ST BEST AND RR I UGrR I D e'J--09682/3631 F2AQF_ 2/4 V p SF-ST BEST & KR�EGER A QAUFORNIA WH((V-W ASnl Y FAMMSHIP 1MGUU0'MD PR0.14101T,G� RATS$ .,Ari PIF p 11400 W WM-LG LA (619)525-1 zoo (76c))Sl3$-2R31 I 375o UN1Ve19%W AVENUE PCW OFRCL COX 10210 ORANor-courn1' _ ONTARIO RIVE FzIDE.CAUFURNIA 02.842`-I QED (si40)L'C�9"26Q+3 � ?$89dE3ESAF «09k 686-1454 (5097 086-3063 PAX SACRAMENTO BR1p„alry,C(]M (;41 6S X125-4000 HOWARD B. GOL44 (000)eae"5339 1-0WARD.GOLD66P60K1.AW-COM F11-E= June 23,2004 Wade McKinucy City Manager City ofAtascadem 6500 palma A.velaue Atasradwo,'CA. 93422 Re: proposal for provision of luteiim City Auo=y Legal Services D=Wade. Best Best&Krieger LLP is pleased to represent the City of Atascadera (City) as interim City Auomey. Specifically, Thomas Gibson of our Sacramento office will assurno the -role of Interim City Attorney and will be supported by Bast Best&Krieger LLP's over 150 attorneys in seven offices statewide. This proposal will discuss: (1) the mature of the proposed Me }Ian representation; (2) iiB&I 's quaations to dle this repr=ntation; and (3) our proposed rage structure. x. :lie,Natmre of The Proposed Reprl•esgld tion Best Best&Mager proposes to provide Intorim, City Attorney legal$=-viOes to the City on an ongoing basis,Operating under year direatioli as City Manager. Tomas Gibson will act as Interim City Attorney and will attGrrd City Council meetings and mo retain office hours at the City. Mr. Gibson will perforin, coordinate and delegate work, update the City on project status,track deadlines and monitor legal:fees. W. Gibson will ensure that inaoryriing projeaU axe timely Completed in the City's preferred format- A. copy of IN&, ta�ibsran's resume is attached. Recelved 08-1704 09:29am From-8406624631 To-BOX page 002 09-17-04 11:51 am From-NK +9163254010 T-367 P.0031004 F-194 . �j—•••— •...... aa�i1+1.1'�rt 1U-9(d9(�'�}24G31 PAGE 314 LAW 0MCEs OF J J BEST BEST ;5� KRIEGER, LLP Wade McKinney Jude 23.2004 Page 2 2. B11&K"s Qualifications BB&K is one of file oldest and largest full--service municipal and redevelopment law arms in California, with offices in R vesside, Sacramento, Irvine, Ontario, Tadian WcIls, San Diego and Walnut Creek. BB&K has provided legal sm-viees to cities, redevelopment agencies, school districts, water districts.joint powers authorities and other public agencies in Califomia since 1891. With approximately 150 attomays focused on providing quality legal smvices to public agencies, BMWs s areas of expeitise cover virtually every legal specialty important to a mudcipal clients such as personnel practices, including employment discrimination and disciplinary actions; police; planniung, building, subdivision and code enf)rcemem; municipal contracts; public contracting; envk*=ental issues, with particular expertise in matters relating to CEQA; cable television and utility franchises; water law and water quality; Brown Act and Public Records Act regWremeats; capital and public fmancing.; conflicts of interest; asset rn=gwnent, including sale and lease of surplus property; erninent domain, preparation and implementation of real property acquisition and relocation assistance rules and regulations. The firm is coum-d teed to responding to City requests in whatever time txame the maxtcr requires. Csiven the depth of our resources, in both personnel and experience, BMY, is capable of responding to complex requests in an expedited mannitr, wh=cver neoessary. F,outiae matters can often be respondcd to izxkzxlediately, as it is I!My that one of our attorneys has already handled a matter of the same or sinxilar nature. 3. Proposed Rate Stracture Best Best &Krieger recognizes the need to peep legal costs iuWrr control and to reduce them by cooperatively implementing,more cost effective and efficient 'systems for delivering legal services in a timely fashion. For example,by calling on the expertise of our approximately 150 attorneys,tine can avoid"reinventing the wheer'and.am therefore able to miaimize the costs of'providing legal services to our public agency clients. Best Best & Krieger proposes to provide legal services to the City for the monthly amount of$7.75.00 per hour for Mr.Oibson's time and for BB&K partners,$160.00 per hour for senior associates and $150.00 per hour for junior associates.Hourly rates for litigation(includiug Eniiaont Domain) and Bond Counsel work would be negotiated separately and would bo at higher rates. These rates are for interim services only and can only be guaranteed•through Decexxeber 31,2004. Recelvad 09-17-04 09,29am From-0096624631 To-SM Papa 003 09-17-04 11:51am From-BBK +9163254010 T-367 P.004/004 F-194 •••- ++-- 11J:`�'UJ'J-bE3�AS34 PAGE LAW OFFICES OF sr BZST SMSr & KRIEGER L.LP Wade McXjmcy June 23,2004 Page 3 Tbw&you for this oppoMaz,iTy to resent the City ofAtascadero. We look forward to worldnp, with yogi Tfyou have any questions or concerns,please do not hesitate to contact xrte. Sincerely, Howard E. Golds of BEST BEST KMGER.-L•h,P HSG/sp Enclosure cc: To]tx11 Gibson R'VI.PE1-Ma668747.1 Received 08-17-04 09:20am From-9096824881 TD-BBK Paso 004