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.
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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
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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
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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
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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.
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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$.12/page, and any costs of producing or reproducing photographs, documents, and
other items necessary for legal representation.
Our firm makes no separate charge for secretarial or other administrative charges. Our
fees include all routine word processing, secretarial and office costs associated with the provision
of legal services.
We believe these hourly rates and costs for legal services are competitive with other law
firms specializing in the public law field;they are particularly competitive with those law firms
with similar experience and breadth of practice.
CONCLUSION
BB&K would be pleased to act as special litigation counsel to the City of Atascadero.
We believe we have special expertise that will be of significant value to the City and hope you
will select BB&K as your counsel.
Thank you for considering this proposal. We look forward to working with you.
Respectfully submitted,
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BEST BEST&KRIEGER LLP
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June 23,2004
Wade McKinucy
City Manager
City ofAtascadem
6500 palma A.velaue
Atasradwo,'CA. 93422
Re: proposal for provision of luteiim City Auo=y Legal Services
D=Wade.
Best Best&Krieger LLP is pleased to represent the City of Atascadera (City) as interim
City Auomey. Specifically, Thomas Gibson of our Sacramento office will assurno the -role of
Interim City Attorney and will be supported by Bast Best&Krieger LLP's over 150 attorneys in
seven offices statewide. This proposal will discuss: (1) the mature of the proposed
Me }Ian
representation; (2) iiB&I 's quaations to dle this repr=ntation; and (3) our proposed
rage structure.
x. :lie,Natmre of The Proposed Reprl•esgld tion
Best Best&Mager proposes to provide Intorim, City Attorney legal$=-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