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HomeMy WebLinkAboutContracts & Agreements_130-2021DPMC Devaney Pate (`'orris&Cameron«P July 4, 2021 VIA EMAIL ONLY Daniel J McHugh City Attorney, City of Redlands 35 Cajon Street, Suite 200 Redlands, CA 92373 dmchugh@cityofredlands org Leslie E Devaney DD (619) 354-5021 Idevaney@dpmclaw com Re Devaney Pate Morns& Cameron, LLP-Assistance with Initiative Measure Dear Mr McHugh Devaney Pate Morris & Cameron, LLP ("DPMC") would be pleased to provide legal assistance in connection with the citizens' initiative measure submitted to the City of Redlands ("City") on or about August 4, 2020 In particular, we will advise the City on potential legal issues regarding the initiative and prepare a corresponding report pursuant to Elections Code section 9212 Our advice will be provided via telephone, videoconference, and email or in writing, as requested by the City When signed by you or other authorized agent on behalf of the City, this letter will constitute the written fee agreement between the City of Redlands and DPMC with respect to these services Though I will provide oversight, at present it is anticipated that Barry J Schultz and Richard E Romero will be the partners primarily responsible for this matter, with assistance from other attorneys as appropriate Resumes for myself, Mr Schultz and Mr Romero are attached All time will be billed at a blended rate of $260 per hour DPMC's policy generally is to have attorneys bill all time expended in segments of 1/10th of an hour We will bill costs advanced on your behalf (such as messenger and express delivery charges) in addition to our fees We will bill you for fees and costs on a monthly basis as they are incurred DPMC maintains errors and omissions insurance coverage To the extent City's insurance policy(ies) include provisions that provide coverage for potential liability and/or attorneys' fees and costs applicable to the legal services to be rendered, it is City's responsibility to advise DPMC whether any such insurance exists 402 W Broadway Suite 1300, San Diego, CA 92101 • T (619) 354 5030 • F (619) 354 5035 • DPMClaw com Daniel J McHugh City Attorney, City of Redlands July 4, 2021 Page 2 of 2 If you have any questions about this proposal, please contact me If the arrangement described in this letter is satisfactory, please sign this engagement letter in the space provided below Please then return a copy to me and keep one for your records We appreciate the opportunity to assist you in this matter ACCEPTED AND AGREED Paul T Barich, Mayor ATTEST Donaldson, City Clerk Very truly yours, DEVANEY PATE MORRIS & CAMERON LLP uGi�y Leslie E Devaney Managing Partner 402 W Broadway, Suite 1300 San Diego CA 92101 ■ T (619) 354 5030 ■ F (619) 354 5035 ■ DPMCIaw.com Devaney Pate DPI'IC Morns&Cameron.P LESLIE E. DEVANEY PARTNER San Diego AREAS OF PRACTICE PUBLIC ENTITY, CORPORATE AND MUNICIPAL LAW / GOVERNMENT RELATIONS As the current City Attorney of Del Mar, Murrieta and Encinitas, Ms Devaney focuses her practice on the representation of government entities, including municipalities, public entities and non-profit organizations throughout Southern California She also provides advice for private firms and individuals in employment, media relations and all areas of government procurement matters, including the preparation, submission, negotiation and performance of public bids, proposals and contracts Ms Devaney advises clients and trains public entities on AB 1234 Ethics AREAS OF MUNICIPAL/ PUBLIC ENTITY EXERIENCE City of San Diego — City Attorney's Office — Criminal Division (1985 — 1986) • Prosecuted misdemeanors • 20+Jury Trials City of San Diego — City Attorney's Office — Civil Division (1986 — 1992) • Senior litigator handling complex litigation (dangerous condition and 1983 Civil Rights matters) • 20+ Jury Trials City of San Diego — City Attorney's Office Executive Assistant City Attorney in elected City Attorney's administration (1996 — 2005) • Sat with and advised the City Council, Rules Committee and Redevelopment Agency on Brown Act, Public Records Act, City Charter, policies, administrative regulations, Ethics Commission, Conflicts, Roberts Rules of Order, etc Filled in for City Attorney on all City Attorney functions when needed and operationally ran the office of 150 attorneys and 350 total employees • Prepared for, staged, and presented matters for the City Council's Closed Sessions • Supervised and advised on Elections, Employment, Public Contracting, Code Enforcement, Liability and Litigation, Real Property, and Public Safety units • Code Enforcement Criminal prosecution of misdemeanors including DUI's, assaults, resisting arrest 1 Devaney Pate DPt'IC Morns&Cameron«P Judge Pro Tem/Arbitrator/Campaign for City Attorney (1986 — 1992) • Judge Pro Tem (Superior Court) (1990 — 1992) • Court Arbitrator (1989 — 1992) • Campaigned and ran for San Diego City Attorney (2003 — 2004) and narrowly lost the election to Mike Aguirre by less than 0 5% of the electorate American International Group (AIG) Senior In -House Litigator (1992-1996) • Court Arbitrator (1992-1996) • Defended high risk insureds in litigation Cities of Murrieta, Del Mar and Encinitas City Attorney (present) • Advises on Open Government and Ethics (Brown Act, Public Records, AB1234), Campaign/Elections, Employment, Finance and Economic Development, Redevelopment, Municipal Services and Utilities, Public Contracting, Public Property, Regulating Businesses and Persons, Land Use, Environmental, Code Enforcement, and Liability and Litigation City of Chula Vista Special Counsel (2008 — present) • Provides various advice and litigation support as needed Chula Vista Board of Ethics Special Counsel (2012 — present) • Selected to the Special Counsel panel representing the Chula Vista Board of Ethics The enforcement authority works with the City Attorney's Office to manage complaints of violations of the City's Code of Ethics It conducts hearings and investigations of violations and renders advisory opinions, including for promulgation of new regulations Board members are recommended by the presiding judge of the municipal court of the South Bay Judicial District San Diego Convention Center Corporation General Corporate Counsel (2012 — 2016) • Served as legal advisor to Corporation's board of directors and senior management on a wide range of legal matters related to the Corporation's business, including new business endeavors, corporate organization and governance, state and federal regulatory issues, and public entity laws, rules and regulations City of Escondido Special Counsel (2009 — 2012) Escondido Independent Districting Commission Special Counsel (October 2013 — 2014) San Diego Ethics Commission Associate General Counsel (2011 — present) • Oversees advice regarding San Diego Ethics Campaign and Lobbying Laws, Brown Act and Public Records Act San Diego Police Foundation Trustee (2010 — 2015) San Diego Public Library Foundation Trustee (2012 — 2018) DPf1C1 Devaney Pate Morrns&CameronLLP Southeastern Economic Development Corporation Corporate Counsel (2008 — 2013) • Advised regarding ongoing issues related to corporate activities, special counsel, contracting, indictments of prior president • Advised on Open Government and Ethics (Brown Act, Public Records, AB 1234), Employment, Finance and Economic Development, Redevelopment, Public Contracting, Public Property, Regulating Businesses and Persons, Land Use, Environmental, and Liability and Litigation Southwestern Community College District Special Counsel (2010 — present) • Provides advice on employment policy and media consultation as needed Other Areas of Legal Practice • Practice includes litigation, but mostly (90%) advisory/consulting work • Assists both public and private clients in high profile ethics, press matters and strategy • Teaches ethics to public entity clients • Advises numerous corporate and private clients on various issues regarding public and public entities (MBE/WBE/DVBE certifications, bondings, employment, press, RFP/RFQ responses) • Advises non-profit, public and private clients on best business practices, corporate organization, and governance • Mediates matters upon request • General and Corporate Counsel Work • Media Relations and Consultation EDUCATION • University of California, San Diego, with honors, 1979 • University of San Diego, J D , 1983 BAR ADMISSIONS • State of California HONORS / AFFILIATIONS • AV Preeminent Peer Rating by Martindale -Hubbell in California • 2013 Women Leaders in Law, American Lawyer Magazine • Member, San Diego County Bar Association • Member, Council on Governmental Ethics Laws (COGEL) • California League of Cities • San Diego Defense Lawyers • Board member, San Diego Public Library Foundation • Past President, City Attorney Association of San Diego County (CAASD) • Past Riverside County Representative and alternate Execute Committee • Member to the California League's Legal Action Committee (LAC) DPMC Devaney Pate Morris&CameronLLP BARRY J SCHULTZ PARTNER San Diego AREAS OF PRACTICE MUNICIPAL LAW, REAL ESTATE, LAND USE, AFFORDABLE HOUSING & REDEVELOPMENT Mr Schultz brings over 30 years of legal, planning and community development experience to his law practice He serves as Assistant City Attorney for the cities of Del Mar Murrieta and Encinitas with more than 20 years of experience in public agency law He routinely advises public agencies on matters including, but not limited to, the Ralph M Brown Act, the California Public Records Act, the Political Reform Act, public employee matters, public safety, public works and virtually every area of municipal law Mr Schultz has over 20 years of experience in real estate and land use having represented clients in all aspects of real estate development with a particular focus on urban development, including land acquisition, land use entitlements and financing for residential and commercial developments In his capacity as Assistant City Attorney to the cities of Del Mar, Murrieta and Encinitas he advises planning staff on processing land use entitlements, drafting land use regulations and policies, and CEQA compliance He assisted city staff in updating general plans, including their housing elements and climate action plans He advises staff on preparation of environmental documents such as initial studies, negative declarations, mitigated negative declarations and environment impact reports In addition to advising on general municipal law, he provides legal counsel to public, for profit, and non-profit entities on affordable housing and regulatory matters involving inclusionary housing, density bonuses, and CEQA review related to infill and transit oriented projects He has extensive experience with public financing for affordable housing and has negotiated layered financing structures involving tax credit, new market tax credit financing, and other federal, state and local financing He served on the SANDAG working group that prepared SANDAG's first sustainable communities strategy and is intimately familiar with the requirements of SB 375, the CEQA exemption and streamlining provisions, and proposed state housing and community development legislation Before joining Devaney Pate Morris & Cameron, Mr Schultz was chief executive officer for San Diego Capital Collaborative, a community investment corporation, and advisor to the San Diego Smart Growth Fund a $90 million real estate equity fund targeting workforce housing and mixed use development in San Diego urban communities He developed and implemented the fund's socially responsible investment strategy Mr Schultz served eight years on City of San Diego s Planning Commission, four years as Chair, and guided the Commission through development and adoption of the City's updated General Plan based upon smart growth strategies and sustainable communities' policies AREAS OF EXPERTISE California Municipal Law. Mr Schultz has over 12 years experience in the public sector He currently serves the cities of Del Mar, Murrieta and Encinitas as Assistant City Attorney He provides legal counsel on matters involving the Brown DPMCDevaney Pate Morns &Cameron«P Act, contracts, real estate and planning/land use matters He also served as counsel for the cities of Compton and Desert Hot Springs' Oversight Boards As Planning Commissioner Chair, he conducted quasi-judicial and public hearings on legislative and administrative matters He served four years as Chief of Staff and Senior Policy Advisor for a City of San Diego councilmember He was the councilman's principal advisor on municipal governance, general public policy, land use, redevelopment, economic development and affordable housing Mr Schultz has over 15 years' experience advising and representing public and private clients in matters before public agencies He has served the San Diego Housing Commission s non-profit development corporation as general counsel and advised its board and staff on Brown Act and Public Records Act compliance Land Use and Planning Mr Schultz has over 20 years' experience in real estate and land use As an attorney with a local real estate and land use firm, he represented for -profit and non-profit developers of residential, commercial and mixed -use projects in all aspects of the development process including land acquisition, land use entitlements, environmental review, construction and project financing Representative clients included for -profit developers such as McMillan, NEXUS, Allred and Development and non-profit developers such as Wakeland Housing, Community Housing Works City Heights Community Development Corporation, Housing Development Partners of San Diego and San Diego Interfaith As Assistant City Attorney he currently advises the cities of Del Mar, Murrieta and Encinitas on planning and land use involving discretionary permits and zoning He assisted the City of Del Mar in preparing its sea level rise adaptation plan, short term rental regulations, and Housing Element strategy He aided the City of Del Mar in developing and adopting the Specific Plan for 941 CDM and is currently assisting with processing the Resort Specific Plan He also assisted the City of Del Mar with the sale of its Balboa site property and regularly advises the City on leases of public property He further advised the City of Murrieta with adoption of its Triangle Specific Plan and the associated development agreement processing the EIR and Development Agreement for Kaiser Permanente project, and is advising the City on the EIR and associated entitlement for a Costco development project He advises the City of Del Mar on Housing Element and Affordable Housing compliance He also counsels the City of Vallejo s Housing Authority on financing a 76 unit affordable housing project including HOME and CDBG Redevelopment and Affordable Housing Mr Schultz has represented non-profit and private residential and mixed -use project developers in all aspects of the development process from land acquisition and entitlements to construction He advised clients on structuring joint ventures between private and non-profit developers for affordable housing developments He provides strategic counseling to developer clients on inclusionary housing, density bonus, and other regulatory matters He assisted development of approximately 900 housing units representing over $100 million in financing Mr Schultz advised public and private clients on redevelopment and public finance including drafting and negotiating disposition and development agreements, owner participation agreements, and exclusive negotiating agreements He advised City of Murrieta's Redevelopment Agency on preparation of Cooperation Agreements, Disposition and Development Agreements, and California Redevelopment Law compliance He led the City of Murrieta through the redevelopment dissolution process and assists with housing asset sales EDUCATION • San Diego State University, B A , Sociology and minor in Public Administration, 1977 • Western State School of Law, J D , 1984 BAR ADMISSIONS • State of California • Federal Southern District DPMC Devaney Pate Morrns&Cameron«, RICHARD E ROMERO PARTNER San Diego AREAS OF PRACTICE PUBLIC ENTITY, MUNICIPAL LAW, WATER, PUBLIC WORKS & CONSTRUCTION, ELECTIONS, LABOR & EMPLOYMENT, CIVIL LITIGATION Mr Richard Romero practices a variety of legal areas, including employment, public entity, water law, and general civil litigation His previous legal experience includes work at the city attorney's office for the cities of San Diego and Chula Vista, where he worked on a broad range of cases including land use, personal injury defense, and public entity procedures and immunity Prior to law school, he volunteered at the Imperial County District Attorney's Office Mr Romero focuses primarily on public entity representation His practice covers the full spectrum of issues facing public entities including liability, water issues, employment and personnel issues, labor issues, contracting, budgeting and finance, open meeting laws, elections, telecommunications, etc LEGAL TRAINING/EXPERIENCE Water Law. Extensive experience advising California water entities on a broad range of complex legal issues related to water, including facilities issues, rates and fees, and resource procurement Real Property & Land Use Assisted with various land use matters including review and preparation of conservations easements, general easement issues, rights of entry, landlord tenant and leasing issues, etc Leasing issues have included advising on leases related to cellular equipment and carriers, as well as advice and negotiations on related telecommunications issues, including small cell sites Involved in development of utility undergrounding programs Construction/Public Contracts Experience awarding public works contracts, advising on bid protests, reviewing and preparing resolutions and agenda reports, public works contracts and conditions, including preparing form contract, providing advice on compliance with competitive bidding laws, indemnification issues, etc Regularly assists with interpretation and implementation of procurement regulations Seasoned at negotiating, drafting, and reviewing contracts for public entities and drafting ordinances Campaign/Elections Law Assisted with processing and handling of numerous initiative measures and litigation relating to measures Ensured compliance with Elections Code procedures in preparing for elections Litigated ballot argument dispute and quo warranto action related to residency requirements Devaney Pate DPI%IC Morris&Cameron«P for public office Advised on and interpreted local elections and campaign laws Presented on elections at League of California Cities conference Labor & Employment Law Provides advice on employment and personnel issues including bargaining agreement review and interpretation (including a recent MOU overhaul), representation issues, harassment and discrimination issues, accommodation issues, classification, employee discipline, wage and hour issues, benefits and compensation, etc Experience defending public entities in employment litigation, including successful jury trial which resulted in defense verdict Tort & Premises Liability & Litigation Regularly handle general tort and premises liability issues such as personal injury, property damage, and negligence cases, including litigating them Successfully resolved numerous personal injury tort claims through mediation and settlement discussions and recently tried an eminent domain case Successfully defended public entity in § 1983 claim Open Government & Ethics Regularly advises on open government issues including Brown Act compliance, responding to Public Records Act requests, etc Has sat with and advised public entities in both open and closed session Finance & Economic Development Reviews and assists in formation and assessments by special districts Advises on investment policies, Proposition 218 and Proposition 26 issues, and potential public -private projects for development of athletic facilities BAR ADMISSIONS • State of California • Federal Southern District (including bankruptcy) • United States Supreme Court EDUCATION • Imperial Valley College, A A , 2001 • University of San Diego, summa cum laude, B A , 2003 • University of Southern California School of Law, J D , 2006 REPRESENTATIVE CASES • GGTW, LLC v San Diego County Regional Airport Authority 2018 Lease dispute over public property Settled with payment to public entity following successful MSJ • Akins v San Diego Community College District, et al 2016 Alleged excessive force/illegal search and seizure by college police Settled, dismissed with prejudice for nominal amount • Akins v San Diego Community College District, et al 2013 Civil rights action by student Dismissed following 12(b)(6) motion • Fredrickson v San Diego Community College District 2012 Dangerous condition lawsuit related to staircase Settled and dismissed with prejudice for nominal amount following MSJ HONORS / AFFILIATIONS • San Diego County Bar Association • 2015 & 2016 San Diego Super Lawyers Rising Stars PUBLIC AGENCY CLIENTS • General Counsel for Meeks & Daley Mutual Water Company • Deputy City Attorney for Del Mar, Murrieta and Encinitas • Formerly Special Counsel for Otay Water District, following 5-years as Assistant General Counsel • Special Counsel for San Diego Community College District • Counsel for Victor Valley Community College District • Special Counsel for San Diego County Regional Airport Authority