HomeMy WebLinkAbout11 CITY ATTY PROP'S 03-20-95N0. 11
3-20-95
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DATE. U�
MARCH 15, 1995 Sit
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: WILLIAM A. HUSTON, CITY MANAGER
SUBJECT: CITY ATTORNEY PROPOSALS
Twenty five proposals have been submitted in response to the City's
Request for Proposal/Qualifications for City Attorney services. In
order to proceed with the selection process, the City Council needs
to decide how it wants to screen the proposals and conduct
interviews of qualified law firms.
Options the City Council might want to consider include:
1. Direct the City Manager to screen the proposals and
recommend firms (3-5) to be interviewed by the City
Council.
2. The City Council. could review all twenty five proposals
and then decide which firms should be interviewed.
3. The City Council could designate a City Council sub-
committee which would screen the proposals and recommend
firms to be interviewed by the full City Council.
To assist with whatever screening process is utilized, a matrix is
being prepared which lists the twenty five law firms and identifies
how each conforms to criteria set forth in the Request for
Proposal/Qualifications (e.g. years of relevant general experience,
litigation experience, rates, etc.). The matrix will be completed
next week.
WAH
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DATE: MARCH15, 1995 I n t e r- C o m
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: WILLIAM A. HUSTON, CITY MANAGER '
SUBJECT:
CITY ATTORNEY PROPOSALS `p
Twenty five proposals have been submitted in response to the City's
Request for Proposal/Qualifications for City Attorney services. In
order to proceed with the selection process, the City Council needs
to decide how it wants to screen the proposals and conduct
interviews of qualified law firms.
Options the City Council might want to consider include:
1. Direct the City Manager to screen the proposals and
recommend firms (3-5) to be interviewed by the City
Council.
2. The City Council could review all twenty five proposals
and then decide which firms should be interviewed.
3. The City Council could designate a City Council sub-
committee which would screen the proposals and recommend
firms to be interviewed by the full City Council.
To assist with whatever screening process is utilized, a matrix is
being prepared which lists the twenty five law firms and identifies
how each conforms to criteria set forth in the Request for
Proposal/Qualifications (e.g. years of relevant general experience,
litigation experience, rates, etc.). The matrix will be completed
next week.
WAH
capropl.uah
PROPOSALS SUBMITTED FOR CITY ATTORNEY SERVICES
FEBRUARY 1995
1
ALLARD, SHELTON & O'CONNOR
BEST, BEST & KRIEGER
BROWN, WINFIELD & CANZONERI
BRUNICK, ALVAREZ & BATTERSBY
BURKE, WILLIAMS & SORENSEN
CAMERON & DREYFUSS
CARPENTER & ROTHANS
CORRADO, R. ZAIDEN
FREEMAN, ROGER P.
JOHNSON & FLYER
KASDAN, SIMONDS, PETERSON, MCINTYRE, EPSTEIN & MARTIN
LEWIS, D'AMATO, BRISBOIS & BISGAARD
LYNBERG & WATKINS
MADORY, ZELL & PLEISS
MARKMAN, ARCZYNSKI, HANSON & KING
MCNAMARA & VAN BLARCOM *
OLIVER, BARR & VOSE
OWEN, ROBERT A.
PALMIERI, TYLER, WIENER, WILHELM & WALDRON
RAMSEY, HARRIS, BRONSTEIN & DAYTON
RICHARDS, WATSON & GERSHON
ROURKE, WOODRUFF & SPRADLIN (PROPOSAL IN AGREEMENT FILE)
RUTAN & TUCKER
THORPE AND THORPE
WILLIS & KENDIG
* JOINT PROPOSAL
KEITH A. JOHNSON
KEITH S. WALKER
GARY C. WUNDERLIN
CAROL B. TANENBAUM
DONALD K. BYRNE
OF COUNSEL
February 14, 1995
ALLARD, SHELTON & O'CONNOR
ATTORNEYS AT LAW
319 HARVARD AVENUE
CLAREMONT, CALIFORNIA 91711-4746
TELEPHONE (909) 626-1041
FACSIMILE (909) 625-5781
Val Crabill
Deputy City Clerk
City of Tustin
300 Centennial Way
Tustin, California 92680
Dear Ms. Crabill:
JOSEPH A. ALLARD
(1887-1968)
MAURICE O'CONNOR
(1911-1987)
LEONARD A. SHELTON
RETIRED
Enclosed are seven (7) copies of a Proposal for City Attorney Services for the
City of Tustin from the law firm of:
Allard, Shelton & O'Connor
319 Harvard Avenue
Claremont, California 91711
Telephone: (909) 626-1041
Facsimile: (909) 625-5781
I, Carol B. Tanenbaum, am the partner authorized to represent the firm and
to bind the firm to all commitments made in the proposal.
Thank you very much for the opportunity to be considered.
Very truly yours,
Carol B. Tanenbaum
of
ALLARD, SHELTON & O'CONNOR
CBT/ct
Encs. as stated
KEITH A. JOHNSON
KEITH S. WALKER
GARY C. WUNDERLIN
CAROL B. TANENBAUM
DONALD K. BYRNE
OF COUNSEL
February 14, 1995
ALLARD, SHELTON & O'CONNOR
ATTORNEYS AT LAW
319 HARVARD AVENUE
CLAREMONT, CALIFORNIA 91711-4746
TELEPHONE (909) 626-1041
FACSIMILE (909) 625-5781
CITY ATTORNEY PROPOSAL
Val Crabill, Deputy City Clerk
City of Tustin
300 Centennial Way
Tustin, California 92680
Dear Ms. Crabill:
JOSEPH A. ALLARD
(1887-1968)
MAURICE O'CONNOR
(1911-1987)
LEONARD A. SHELTON
RETIRED
I am responding to the Request for Proposal For City Attorney which I
received on February 2, 1995, in response to a letter from Donna Hinshaw,
Executive Coordinator. I am a partner in the law firm of Allard, Shelton &
O'Connor and have been the City Attorney for Placentia, California since July
1,1987.
I hope you will consider this proposal, and I will be glad to speak with you at
your convenience if you have any questions. I truly believe that I can
provide the City of Tustin with excellent legal services at a very low cost.
I.
BACKGROUND
Allard, Shelton & O'Connor, founded in 1946, is a full-service, civil law firm
consisting of five lawyers and six support staff with offices in the City of
Claremont, California. The firm is a general partnership, and each of the four
partners has over 15 years experience in the practice of law. Furthermore,
each of the partners has been a partner for over ten years. We are a stable
group, and are proud that former partners include Judge Charles S. Vogel of
the California Court of Appeal, Second District, and Judge Ferdinand F.
Fernandez of the Ninth U.S. Circuit Court of Appeals.
We have a particular interest and expertise in municipal law and land use
law. Presently, we serve as City Attorney for Placentia, California, and as
general counsel for the Placentia Redevelopment Agency. We also serve as
special counsel for the City of La Verne and have served as special council to
the City of Azusa. We represent several special public purpose agencies,
including the Pomona Valley Transit Authority, Tri -City Mental Health
Authority, and the Pomona Valley Humane Society, which provides animal
control and shelter services for 11 cities in the Pomona Valley. While we
represent a number of profit-making corporations, another important part of
our practice has been the representation of institutions of higher education, of
which the best known are Claremont Graduate School, The College of
Osteopathic Medicine of the Pacific, and Pomona College.
II.
EXPERIENCE IN PROVIDING LEGAL SERVICES TO MUNICIPALITIES AND
CONFLICT OF INTEREST INFORMATION
I am enclosing a photocopy of our firm's Legal Directory listing, which will
provide you with educational background information on the attorneys
working in our firm, as well as an attachment which lists individuals you
may contact for references. The firm is AV rated in Martindale -Hubbell. We
have no clients within the area of the City of Tustin and since our client base
is drawn from the Claremont -Pomona area and the City of Placentia, we do
not foresee any conflicts of interest which would prevent us from serving the
City of Tustin. The firm has served as legal counsel for the following cities:
Covina
1953-66
Claremont
1948-51; 1975-87
Glendora
1952-57;1969-81
La Verne
1961-87; currently
Placentia
1987 -continuing
Pomona
1947-48
as special counsel
Key Personnel in the firm are described below with specific attention to their
municipal law and litigation expertise.
Carol B. Tanenbaum (Partner)
I have served as Deputy City Attorney for Claremont and La Verne, where I
sat on a regular basis with the Planning Commission and frequently sat with
the City Council. Since July 1, 1987, I have served as City Attorney for
Placentia, as well as general counsel for the Placentia Redevelopment Agency.
In addition to attending City Council meetings as legal adviser in open
meetings, executive sessions and disciplinary hearings, I have had primary
responsibility for a variety of litigation matters for cities in which I have
obtained judgments and settlements in favor of the municipality involved.
These cases, which were heard in the Superior Courts of Los Angles County
and Orange County included serious challenges to condemnation
proceedings, zoning ordinances, environmental determinations under
CEQA, code enforcement, business license tax enforcement, and included
representation of cities in actions based on stop notices in public works
contracts. Very recently I obtained temporary restraining orders to close down
an accupressure parlor which was employing unlicensed personnel one of
whom was charged with prostitution.
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Perhaps even more useful than my litigation track record is my ability to
resolve disputes absent litigation. Even in cases where the City has been sued,
I have been able to resolve the matter to the satisfaction of the City without
the necessity and expense of a court appearance.
I continue to be an active member of the California League of Cities and serve
on the Legislative Committee. In October of 1992, I gave an invited talk on
Land Use Legislation before the City Attorneys Department, and in 1994 I
served on the Department's nominating committee for this year's officers.
Other people in the firm who would take the oath of office as Deputy City
Attorneys, and who would assist me are set forth below.
Keith A. Johnson (Partner)
Keith Johnson has the greatest expertise in real estate, business and tax law.
He was chiefly responsible for obtaining an excellent settlement in favor of
the City of Placentia from the City's prior insurance carrier. The settlement
not only provided the City with funds with which to settle an alleged
wrongful discharge lawsuit, but also paid back to the City all its own
attorneys' fees since the commencement of the action. Mr. Johnson was also
successful in defending the City and its Councilmembers in a lawsuit which
alleged a "taking" as a result of a city initiated zone change. He has frequently
appeared in Bankruptcy court on behalf of clients who are creditors. Mr.
Johnson has been with the firm since his graduation from law school in 1975.
Gary C. Wunderlin (Partner)
Gary Wunderlin is our chief civil litigator who has handled a variety of
sophisticated municipal law matters, including defense of civil rights charges
and election disputes. He also has extensive experience in personal injury
litigation. He has been with the firm since his graduation from law school in
1975.
Keith S. Walker, (Partner)
Keith Walker, who concentrates on estate planning and probate law has also
been of service to our municipal clients. While primarily focusing on probate
and conservatorship law, Mr. Walker has trial experience on contested
matters. Mr. Walker has been with the firm since his graduation from law
school in 1976.
Donald K. Byrne (Of Counsel)
Don Byrne has served as legal adviser for the County of Los Angeles since
1958. He was a Deputy County Counsel from 1958 through 1968 and served as
Chief of the Trials Division from 1968 through 1973. Mr. Byrne was Chief
Deputy County Counsel from 1973 through 1985, when he joined our firm.
Since that time, he has served as Deputy City Attorney for Claremont, La
-3-
Verne and Placentia. His experience with County Supervisors and in
attending many of their meetings make him well qualified to replace me
anytime I am unavailable for a particular meeting.
In summary, in addition to our skills in municipal law, public agency law and
administrative law, one or more of the attorneys in this firm has in-depth
experience in tax law, real property law, environmental law, contract law, tort
law, insurance law, business law, constitutional law, election law and
representing creditors in bankruptcy and antitrust. Although of less interest
to the City, we also have attorneys experienced in estate planning, probate,
guardianships, conservatorships and family law. On occasion, our extensive
experience with charitable giving, arising primarily from our work with
colleges, has been useful in assisting the cities in dealing with those who wish
to make charitable contributions to them.
III.
STATEMENT OF PHILOSOPHY REGARDING THE PRACTICE OF
MUNICIPAL LAW AND THE CITY ATTORNEY'S RELATIONSHIP
TO THE CITY COUNCIL, CITY MANAGER AND CITY STAFF
In my view, the City Council is the ultimate policy-making arm of the City. I
believe it is the City Attorney's job to provide an informed response to any
questions raised by the Council and to advise the Council discreetly in the
event it appears that action is intended which would violate the law. It is also
my view that the City Attorney should work closely with the City
Administrator and staff, not only to respond to questions and to review
documents upon request, but also to keep them informed with respect to
changes in the law. In short, I believe that the City Attorney should serve the
City Council and City staff by constructively assisting them to accomplish
their chosen goals while steering clear of any methods which would bring
them in conflict with the law.
IV.
RESPONSE TIME
It is my practice to respond to telephoned requests for advice and information
from city staff and/or council members at the time the call is made, or on the
same day, if at all possible. Some requests do require more time because more
background information is required. For this reason I find it very efficient to
have regular office hours at City Hall. In that way staff members can meet
with me at a location where we can both quickly and easily examine the
documents in question and get input, if necessary, from other departments.
Long term projects may require greater lead time, but generally even fairly
complex questions can be answered within a day.
-4-
V.
PROPOSED COSTS AND SCOPE SERVICES TO BE PROVIDED
(UNLESS OR UNTIL THIS PROPOSAL IS ACCEPTED BY THE CITY OF TUSTIN, PLEASE KEEP ALL
FINANCIAL TERMS CONFIDENTIAL TO THOSE PEOPLE INVOLVED IN THE DECISION.)
I have discussed the position of City Attorney with my partners, and we agree
that we would very much like to represent the City of Tustin. We currently
charge the City of Placentia $116.00 an hour for all work done, with the
exception of litigation for which we charge $140.00 an hour. We do not
operate on the basis of a retainer, so there is no fixed amount that the city is
required to pay and we work very hard to control the city's legal expenses.
Our average monthly fees to Placentia for ordinary work done have been
between $4,000.00 and $6,000.00 with upward variations depending on special
litigation matters.
It is not our practice to charge for mileage, and regularly scheduled trips from
our offices to Tustin City Hall would be included without charge. We would,
however, bill the City for certain expenses, such as costs advanced in
litigation. We consider ordinary postage, reproduction and telephone charges
as part of our overhead and not chargeable to the City, absent special
circumstances. Our experience has been that some staff members are
concerned about contacting the City Attorney because of the cost involved,
and that this sometimes leads to actions that are costly to the City in the long
run. Therefore, I will provide up to one hour per month of telephone
consultation without charge. If follow-up work is required, I will give the
caller an estimate of the time that would be involved so that the caller, or his
or her supervisor, could decide whether I should proceed.
VI.
DESIGNATED ATTORNEYS
It is our custom when representing cities to have the City designate a specific
individual as City Attorney, with primary responsibility for the City, and
other members of the firm as Deputy City Attorneys, so that they are available
to the City, as needed. We propose such an arrangement for the City of
Tustin. I would act as City Attorney, attend the Council meetings and
Planning Commission meetings, as requested, and provide other services
requested by the City with the assistance, as required, of other attorneys in the
firm. My primary backup attorneys would be Keith A. Johnson and Gary
Wunderlin.
VII.
REFERENCES
I know that you would like to contact people with whom I have
worked. For your convenience, I have attached a list of elected officials and
staff members who work with me now and who have worked with me in the
past. If you have further questions or desire further references, please call me.
561
The firm would be happy to meet with you or any other designated
individuals to discuss this matter further.
Thank you very much for the opportunity to be considered.
Very truly yours,
Carol B. Tanenbaum
of
ALLARD, SHELTON & O'CONNOR
CBT/ct
Encs. as stated
IM
ALLARD, SHELTON & O'CONNOR
Established in 1946
319 HARVARD AVENUE
CLAREMONT, CALIFORNIA 91711-4746
Telephone: 909-626-1041
Facsimile: 909-625-5781
General Civil and Trial Practice in all State and
Federal Courts Corporation, Non -Profit
Organizations, Municipal, Real Estate, Taxation,
Family Law, Estate Planning, Trust and Probate
Law.
FIRM PROFILE: Situated near the boundaries of Los
Angeles, San Bernardino and Orange Counties, the
firm emphasizes a general civil practice, including
estate planning and probate, real estate, business
and tax planning, and civil litigation. A majority of
the firm's clients are individuals and small
businesses. However, the firm also has a substantial
municipal law practice (currently representing the
City of Placentia), and represents colleges and other
non-profit organizations. Members of the firm have
been active in the State and local bar associations,
and several former members have become judges.
MEMBERS OF FIRM
JOSEPH A. ALLARD, JR. (1887-1968)
MAURICE O'CONNOR (1911-1987).
LEONARD A. SHELTON (1911-1994)
KEITH A. JOHNSON, born Los Angeles,
California, January 30, 1950; admitted to bar, 1974,
Virginia; 1975, California. Education: Loma Linda
University (B.S., with honors and with honors in
physics, 1971); University of Virginia (J.D., 1974).
Member: Los Angeles County and American Bar
Associations; Eastern Bar Association of Los Angeles
County; The State Bar of California.
CONCENTRATION: Taxation Law; Business
and Non -Profit Organization Law; Real Estate
Law.
KEITH S. WALKER, born Los Angeles,
California, February 9, 1952; admitted to bar, 1976,
California. Education: California State University
at Fullerton (B.A., 1973); Hastings College of Law,
University of California (J.D., 1976). Director,
Greater Pomona Housing Development Corporation
1987—. Trustee, 1989—,Treasurer, 1989-1990,
Chaffey Community Art Association. Member: Los
Angeles County and American Bar Associations,
Eastern Bar Association of Los Angeles County, The
State Bar of California. CONCENTRATION:
Estate Planning Law; Probate Law; Trusts Law.
GARY C. WUNDERLIN, born Kalamazoo,
Michigan, October 13, 1947; admitted to bar, 1976,
California. Education: Western Michigan
University (A.B., 1969); University of Tennessee at
Knoxville (J.D., 1975). Phi Eta Sigma. Member: Los
Angeles and American Bar Associations; The State
Bar of California; California Trial Lawyers
Association. CONCENTRATION: Civil
Litigation; Family Law.
CAROL B. TANENBAUM, born Zurich,
Switzerland, June 15, 1935; admitted to bar, 1976,
California. Education: Brown University (B.A.,
magna cum laude, 1956); Case Western Reserve
University (J.D., 1975). Associate Editor, Case
Western Reserve Law Review, 1973-1974. Deputy
City Attorney: Claremont, 1981-1986; La Verne,
1981-1986. Special Counsel, City of Azusa, 1988-89.
City Attorney, City of Placentia, 1987—. Special
Counsel, City of La Verne, 1987—. Member: Los
Angeles County Bar Association; Eastern Bar
Association of Los Angeles County (Trustee, 1977-
1983; Secretary, 1983-1984; Vice President, 1984-
1985; President, 1985-1986); The State Bar of
California. CONCENTRATION: Civil
Litigation; Municipal Law; Probate Law.
OF COUNSEL
DONALD K BYRNE, born St. Louis, Missouri,
April 10, 1924; admitted to bar, 1957, California,
1983, U.S. Supreme Court. Education: University of
Missouri (B.A., 1948); Southwestern University
(LL.B., 1956). Author: "California Civil Writs,"
Ch. 4, Prohibition, 1970. Deputy County Counsel,
1958-1968. Chief, Trials Division, County Counsel,
1968-1973. Los Angeles Chief Deputy County
Counsel, 1973-1985. Member: Los Angeles County
(Chair, Governmental Law Section, 1978) Bar
Association; The State Bar of California (Delegate,
State Bar Conference, 1977-1978); Eastern Bar
Association of Los Angeles County. [With U.S.
Army, 95th Infantry Division, 1943-19451.
CONCENTRATION: Civil Litigation;
Municipal Law.
REFERENCES: Bank of America National Trust &
Savings Assn. (Pomona, Calif. Main Office); Home
Savings and Loan Assn. (Pomona Branch)
ATTACHMENT TO LETTER FROM CAROL B. TANENBAUM
TO CITY OF TUSTIN
1.
Michael Maertzweiler
Home: (714) 524-6539
Mayor of Placentia
2.
Carol Downey,
Work: (714) 996-5550
Councilmember of Placentia
Home: (714) 528-4831
3.
John 0. Tynes,
Work: (714) 993-8117
Councilmember of Placentia
Home: (714) 528-2973
4.
Maria Moreno
Work: (714) 993-8231
Councilmember of Placentia
Home: (714) 996-8035
5
Norman Z. Eckenrode,
Work: (714) 671-3949
Councilmember of Placentia
Home: (714) 528-1662
6.
Robert D'Amato,
Work: (714) 993-8117
City Administrator, Placentia
Home: (714) 524-1496
7.
Christopher Becker,
Work: (714) 993-8245
Director of Public Works, Placentia
8. N. Kathleen Hamm,
City Clerk, La Verne
Work: (909) 596-8726
9. Steve Preston, Work: (909) 596-8706
Director, Community Development,
La Verne
10. Barbara Royalty, Home: (909) 861-7525
City Clerk, 1972 -12/31 /94
Claremont