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David Schwarz William D. Ross P.O. Box 25532
Los Angeles, CA 90025
Kypros G. Hostetter 400 Lambert Avenue (31 0) 426-8547
I Of Counsel Palo Alto, California 94306
Telephone: (650) 843-8080
Facsimile: (650) 843-8093
www.LawRoss.com
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March 10,2017
,I VL4 HAND DELIVERY
Chip Rerig, City Administrator
City of Carmel-by-the-Sea City Hall
P.O. BoxCC
Carmel-by-the-Sea, CA 93921
The Law Offices of William D. Ross ("LOWDR") respectfully submits the enclosed
materials in response to the Request for Qualifications for City Attorney issued by the City of
Carmel-by-the-Sea ("City"). These materials include: (1) The Firm's Proposal to the City; and (2)
the Firm's Biography.
I Since 1984 LOWDR has operated a full-service boutique law firm practice that is dedicated
to representing local government agencies and the practice of municipal law. Based in Palo Alto
with a satellite office in Los Angeles, LOWDR represents, advises, and litigates on behalf of clients
across all of California.
We routinely assist our public agency clients in Brown Act compliance, labor and
I employment disputes, water rights, regulatory compliance, land use issues, CEQA compliance, the
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California Public Records Act, and LAFCo matters. For example, our Firm is currently involved
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in the processing and environmental review of a 304 acre mixed-use development in Napa County
I' comprised of 1,250 homes, a 200 room hotel, a winery, restaurants, new public facilities, new
public parks and trails, and dedicated wetland protection.
Should LOWDR be selected to serve as City Attorney, that role would be accomplished by
the Firm's principal attorney, Mr. William Ross, who founded the Firm in 1984, and has been
practicing municipal law for more than 40 years. Additional information about our practice areas,
and experience can be found on our website, www.LawRoss.com. Thank you for your
consideration in reviewing these materials. If you have any questions, please contact our office.
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Enclosures
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William D. Ross Law Offices of Los Angeles Office:
Karin A. Briggs
David Schwarz William D. Ross P.O. Box 25532
Los Angeles, CA 90025
Kypros G. Hostetter 400 Lambert Avenue (31 0) 426-8547
Of Counsel Palo Alto, California 94306
Telephone: (650) 843-8080
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PROPOSAL FOR CITY ATTORNEY
BY
l THE LAW OFFICES OF WILLIAM D. ROSS
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RFQ SUBMISSION DEADLINE:
MARCH, 10, 2017 at 4:00p.m .
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Law Offices of William D. Ross
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Table of Contents
Section Page No.
Mr. William D. Ross founded the Law Offices of William D. Ross ("LOWDR" or "Firm")
in 1984, and has tailored the Firm's legal practice towards serving the varying and diverse needs
of cities, special districts, and other local agencies across California. Due to his extensive
experience successfully advocating, advising, and litigating virtually all areas applicable to
California municipalities, Mr. Ross would serve as City Attorney for the City of Carmel-by-the-
Sea, if our Firm is selected.
b. Specialization
Mr. Ross has over 42 years of experience representing local government agencies and
private development entities, including serving as a member of the Commission for Local
Governance in the 21'' Century - the state commission whose report served as the basis for
J comprehensive revisions of LAFCO statutes resulting in the Cortese-Knox-Hertzberg Local
Government Reorganization Act of 2000. He also served as a member of the City of Pasadena
l Planning Commission and as a member of the San Francisco Bay Conservation Development
Commission.
j Mr. Ross has served as the City Attorney for the City of American Canyon in Napa County
since its incorporation in 1992. In his role as City Attorney, he frequently advises and represents
American Canyon regarding the City's provision of water to its residents and the operation of the
City's wastewater treatment facility and a wide variety of! and use and environmental issues. He
also serves as Special Counsel for several Cities including Burbank, Richmond, El Monte, El
Cerrito, Gilroy, and Soledad.
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Proposal for City Attorney Legal Services Page2
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Additionally, Mr. Ross serves as District Counsel to several fire protection districts state-
'l wide. Examples include the San Ramon Valley Fire Protection District in Contra Costa County,
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the Linda Fire Protection District in Yuba County, the Salida, Oakdale and West-Stanislaus Fire
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Protection Districts in Stanislaus County, the Arbuckle-College City Fire Protection District in
Colusa County, the Monterey Regional Fire Protection Districts in Monterey County, the
American Canyon Fire Protection District in Napa County, the Southern Inyo Fire Protection
District in Inyo County and the North Sonoma Coast Fire Protection District in Sonoma County.
Mr. Ross has been practicing law for 42 years. Prior to founding LOWDR, Mr. Ross was
Deputy District Attorney for Inyo County from 1975 to 1976, and Deputy County Counsel for Los
Angeles County from 1977-1987. He was then employed as an associate for the Firm of Rogers
& Wells, in Los Angeles and New York from 1982 to 1984 and with the Law Firm of Meserve,
Mumper & Hughes, as an associate from 1981 to 1982.
. I Mr. Ross has held the following honors and professional affiliations:
' j Served on the Advisory Committee to the Senate Local Government Committee
on Revisions to the Subdivision Map Act, 1986
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i Served on the Advisory Committee to the Senate Local Government Committee
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on Revisions to Fire Protection District Law of 1961, 1986
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e, Municipal or Other Local Public Sector Experience
Mr. Ross has tailored his career towards serving the diverse legal needs of California cities
and local public agencies. Drawing from over 40 years of experience, has extensive knowledge
of the oftentimes wide-ranging field municipal law, including interpreting and implementing
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provisions of the California Government Code, Health and Safety Code, Revenue and Taxation
Code, and the Code of Civil Procedure. LOWDR's full-service nature includes routinely advising
and representing its city and special district clients on matters involving the Ralph M. Brown Act,
public bidding and contracting requirements, contractual and real estate negotiations, employee
relations, applications for reorganization before Local Agency Formation Commissions,
compliance with the Elections Code, responding to public records requests, and compliance with
the ethics policies of the Fair Political Practices Commission, among other legal issues that arise
in a local agency's day-to-day operations.
Mr. Ross's philosophy is that the role of a City Attorney is to provide "full-service"
management of all aspects of municipal representation in a proactive a cost-effective manner that
allows the City Council and City Staff to confidently perform their duties.
Mr. Ross likewise advises and represents its public agency clients in all manner of
municipal financing mechanisms, including adopting special taxes, special assessments,
development fees (such as those governed by the Mitigation Fee Act) and municipal bonds.
As referenced in the enclosed Firm Resume (see Exhibit A), LOWDR has represented
clients in a wide variety of civil litigation, and has prosecuted criminal actions in the name of the
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I People of the State of California against business entities for refusing to pay municipal taxes .
LOWDR is equipped to manage all aspects of litigation, including conducting discovery, filing
motions, negotiating settlements, attending mediation, and pursuing trial and final judgment.
LOWDR maintains current on changes in law by the use of electronic legal databases and
by monitoring new bills introduced by the legislature and landmark case law decisions by
California Courts.
LOWDR prides itself in providing top-rate legal services to its public agency clients at
affordable rates. More than 85% ofLOWDR's practice consists oflocal government clients, with
the remaining portions allocated to land use and environmental issues to private clients and
developers.
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LOWDR's approach to addressing legal risk is that "an ounce of prevention is worth a
pound of cure." That is, by maintaining clear channels of communication with the City, potentially
costly legal risks (such as lawsuits against the City) can be avoided by providing the necessary
legal advice before such matters arise, as opposed to after.
When litigation does arise, whether to advocate a claim on behalfof the City or to defend
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it from adverse claims, the Firm is capable of managing all aspects of a lawsuit, including
conducting discovery, preparing and filing legal motions and briefs, attending trial, and mediation
c l of disputes. The Firm is experienced with representing its municipal clients in matters involving
! the municipal codes, county codes, State and Federal law, and administrative proceedings with
other government agencies, such as air quality management districts, the California Coastal
Commission, on both rule-making and hearing matters.
The Firm has extensive state and federal trial and appellate experience as set forth in the
-I Firm CV attached as Exhibit "A."
g. Knowledge and Practice o(Law Relating to Land Use and Planning. CEOA.
General Plans. Real Estate. Environmental Issues. Hazardous Waste. and
Other Related Law
As the Firm's principal attorney, Mr. Ross continually advises its private sector and
municipal clients on matters involving CEQA compliance. He assists with the entire
environmental review process for both large-scale and small-scale development, including the
preparation of an Initial Study, Negative Declaration, or Environmental Impact Report. He is also
experienced in defending against litigation brought pursuant to CEQA and other environmental
laws, including representing clients in matters involving the State Porter-Cologne Water Quality
Act and the federal Clean Water Act.
For example, LOWDR has recently represented a municipal client in federal court in an
action brought under the Clean Water Act regarding allegations relating to a municipal wastewater
collection system. Additionally, the Firm is currently defending a client in an environmental
litigation regarding alleged soil contamination brought pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act. The Firm has exposure and
c I experience with the State reimbursement process, as well as insurance issues having founded the
Fire Agencies Insurance Risk Authority.
LOWDR offers full-service advice and representation in matters involving lot line
adjustments, easement and other property dedications, subdivision and tentative map applications,
and other aspects of real estate law. These matters range from large-scale mixed-use
I developments, residential subdivisions, and the construction of roads, public works, and other
public improvements associated with new development.
Our Firm represents clients in regulatory compliance matters and other dealings involving
the Public Utilities Commission, State Energy Commission, and Regional and State Water Quality
Control Boards, the United States Forest Service, the United State Army Corps of Engineers, and
the Bureau of Land Management and Bureau of Indian Affairs, among other state and federal
agencies.
"I Advocating for and advising our public agency clients on matters involving regulatory and
administrative compliance is a key element of our practice. Recently, this involved compliance
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with the Governor's Executive Orders regarding the ongoing drought conditions, as well as
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emergency regulations issued by the California Water Resources Control Board.
On a regular basis, Mr. Ross and the LOWDR associate attorneys formulate memorandums
of understanding with labor groups and provide representation in employee compensation issues,
CalPERS matters, employee lawsuits, Family Medical Leave Act and workplace safety issues, and
all forms of personnel discipline and administration. Our Firm also has experience in workers'
I I compensation issues, including self-insurance retention authorities, such as FASIS, and workers'
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compensation administrators. We also advise and represent clients regarding compliance with the
Health Insurance Portability and Accountability Act.
Rendering advice to meet the day-to-day needs of our clients is a touchstone of our practice.
As a "full service" firm, this includes formulating, reviewing, and advising on contractual matters,
resolutions and ordinances by governing bodies, and local agency internal policies. These matters
range from preparing will-serve letters for local water providers to preparing contracts for the
construction or maintenance of public works facilities to the periodic review of municipal franchise
agreements, among many other matters.
LOWDR deals consistently with municipal contracts and has developed form agreements
for use in consultant, construction, and special services for most issues the City would encounter.
LOWDR is knowledgeable of public bidding requirements, including requirements for public
works contracts, design-build contracts, and construction manager at-risk contracts.
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governmental clients, and routinely advises them on matters involving the construction of public
works, consistent with the California Public Contract Code and California Labor Code. For
example, our Firm has recently advised a municipal client on the procedures for contracting to
replace subterranean water mains, and is representing several fire protection districts on matters
relating to the construction of new fire stations and firefighter training facilities. LOWDR also
_I advises its municipal clients that serve as water providers on matters involving water rights,
regulatory compliance, and water supply contract issues.
Mr. Ross regularly prepares and reviews Ordinances and Resolutions for Firm public
' j agency clients. This experience spans the entire spectrum of topics that a municipality may face,
including documents addressing emergency moratoriums, environmental and land use findings,
approval of development agreements, purchasing/public bidding policies, and personnel
,] classifications, and public safety matters, among many other topics.
By way of example, ML Ross routinely prepares ordinances and resolutions in his capacity
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as City Attorney for the City of American Canyon in Napa County, as well as numerous special
district and JP A clients in his role as District Counsel, including but not limited to the Monterey
County Regional Fire Protection District, the Fresno County Fire Protection District, among
multiple other local entities.
k. Experience in the Area o(Public Records Act. Ralph M Brown Act, Political
Reform Act and Conflicts oflnterest, and the Elections Code
Mr. Ross routinely assists his public agency clients in all legal areas affecting their day to
day operations, including open government laws such as the Public Records Act, the Ralph M.
Brown Act, conflicts of interest issues, and Elections Code matters.
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With respect to the Public Records Act, ML Ross advises public agencies regarding what
documents constitute public records, fee recovery for producing documents, and redaction of
private information, such as HIP AA information or related items.
Mr. Ross reviews agenda items and attends public hearings of his public agency clients to
. 1 render advice and recommendations with regard to Brown Act compliance. He also advises
governing bodies with respect to election and appointment of new councilmembers or board
members, and provides training to those members regarding ethic requirements and on the
avoidance of conflicts of interest.
Mr. Ross and his associate attorneys are fully equipped to litigate lawsuits from beginning
to end, including formulating and implementing legal strategy, minimizing legal costs, and
pursuing client goals. When pursuing alternative dispute resolution and negotiating a settlement
or compromise agreement is the best course, LOWDR is skilled in obtaining effective outcomes
for its municipal clients.
For example, most recently ML Ross negotiated a settlement agreement on behalf of the
Monterey County Regional Fire Protection District in a dispute between a Community Services
District and a volunteer fire department that had been annexed into the District, which involved a
I disagreement over the transfer of assets and revenue sources to the District and compliance with
.j the Cortese-Knox-Hertzberg Local Government Reorganization Act of2000 and compliance with
the Monterey County LAFCO proceedings that had approved the annexation.
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Mr. Ross is in good standing with the California State Bar. There have been no successful
malpractice lawsuits or disciplinary actions against him or the LOWDR firm.
Mr. Schwarz has been employed with LOWDR for nearly six (6) years.
b. Specialization
Since joining LOWDR in 2011, Mr. Schwarz has focused his professional career on
representing California cities, special districts, and local agencies. He has represented public
agencies in a range of litigation matters, including defending municipalities in matters involving
development fee disputes, CEQA compliance, contract disputes, and labor/employment litigation.
In addition to his litigation experience, Mr. Schwarz routinely advises public agencies on
matters involving land use, environmental regulations, public records requests, Brown Act
compliance, governmental finance issues, preparation of resolutions and ordinances, and
negotiating contracts.
Mr. Schwarz has practiced law for six years. He received his law degree in 2010 from the
Indiana University Maurer School of Law, and obtained undergraduate degrees in Business and
Economics in 2007 from Indiana University.
Mr. Schwarz was admitted to the California State Bar in May 2011. Prior to his admission
to the California Bar, Mr. Schwarz worked as a contract paralegal for the State Bar of California's
Investigation and Enforcement Division, which investigated and ethical violations and misconduct
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by attorneys.
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d. Scholastic Honors and Professional Afflliations
Mr. Schwarz is an active member of the Local Government and Real Estate Law divisions
of the Los Angeles County Bar Association. He is also an active member of the Santa Monica Bar
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Law Offices of William D. Ross
Association. While obtaining his law degree, Mr. Schwarz received. a merit-based full tnition
scholarship for his academic performance.
In addition to practicing law, Mr. Schwarz is a board member for Schwarz Family Farms,
a 4,000-acre family-owned and operated agricultural operation.
Mr. Schwarz's legal career has been devoted to representing and advocating for California
public entities. Mr. Schwarz currently serves as a Deputy City Attorney for the City of American
Canyon inN apa County. He also represents special districts in Monterey County, Fresno County,
Stanislaus County, and Sonoma County, among others.
On nearly a daily basis, Mr. Schwarz renders advice to public entities. He is well-
accustomed to meeting the nuanced needs of local public agencies, including advises municipal
staff on matters relating to compliance with state and federal law, processing enviromnental impact
reports, negotiating contracts, enforcing local ordinances, govermnental finance issues, Elections
Code compliance, among other fields oflaw.
' ! Mr. Schwarz has successfully litigated and negotiated positive settlement outcomes on
behalf of multiple public agencies, including the City of Gilroy, the City of American Canyon, the
Monterey County Regional Fire Protection District, and the Fresno County Fire Protection District,
among other agencies.
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These matters have included defending municipalities from allegations by developers that
development fees were excessive and in violation of the Mitigation Fee Act, defending against
allegations of CEQA and Clean Water Act violations, enforcing the terms of a LAFCo-approved
annexation, and enforcing municipal codes against violations, including public nuisance
abatement.
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Mr. Schwarz is currently litigating a dispute in Sonoma County regarding excessive
property tax deductions taken from the North Sonoma Coast Fire Protection District based on
Educational Revenue Augmentation Fund pursuant to the Revenue and Taxation Code.
i g. Knowledge and Practice o(Law Relating to Land Use and Planning. CEOA.
.I General Plans. Real Estate. Environmental Issues, Hazardous Waste. and
Other Related Law
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Municipal law, land use law, and enviromnental law represent the majority of Mr.
Schwarz's day-to-day practice. For example, Mr. Schwarz is currently assisting the City of
American Canyon in processing several large-scale development projects, including both
residential and commercial projects, which include formulating General Plan amendments,
preparation of a Specific Plan, zoning considerations, and CEQA compliance.
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h. Experience in the Areas ofPersonnel. Workers Compensation. General
Liability. and Employee Relations
Mr. Schwarz has negotiated and formulated Memoranda of Understanding with labor
groups, negotiated settlements of labor disputes, and advised public agencies on employee
relations and hostile work environment and wrongful termination claims.
Mr. Schwarz reviews and prepares contracts ranging from purchase and sale agreements
for real property or equipment, consultant agreements, contracts for the sale of water, and
easements right-of-entry agreements.
Mr. Schwarz has six years of experience preparing and reviewing staff reports, agendas,
resolutions, ordinances, general and specific plans, regulations, and other documents, as well as
working with municipal to carry out the direction given by their respective governing bodies.
k. Experience in the Area ofPublic Records Act, Ralph M Brown Act, Political
Reform Act and Conflicts oflnterest, and the Elections Code
Open government laws, or "sunshine laws" are a vital component of any local agency's
day-to-day operations. Mr. Schwarz assists local entities in complying with these requirements by
. j communicating direct! y with municipal staff, officers, and officials .
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This includes monitoring changes in the law, preparing advisory memorandums explaining
.I the specific issues faced by a municipal client, and responding to requests or complaints raised by
community members.
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'j For additional information, please also refer to Sectionf(Litigation Experience and Track
Record), above.
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Mr. Schwarz has never been the subject of any malpractice lawsuit nor any State Bar
disciplinary investigation.
B. Scope of Services
LOWDR is capable of providing a full-service approach to serving as City Attorney by
. 1 managing all aspects necessary to represent and advise the City, including but not limited to:
I. Preparing materials for and attending regular and special meetings of the City
Council, as well as administrative staff meetings, strategy sessions, workshops,
and other meetings, as may be necessary for the day-to-day operations of the
City;
2. Advising City Staff on all legal matters affecting the City, including new
legislation, court decisions, and state and federal regulatory compliance, as well
as answering any legal questions Staff may have;
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8. Enforcing the City Municipal Code, Building Code, and other legal authority
'j promoting the overall health and safety of the City's residents;
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,. 9. Evaluating and avoiding potential litigation risks and assisting in risk
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management and insurance-related matters, as well as monitoring changes in
law that may affect the City's interests or its day-to-day functions;
10. Litigating, defending, attending mediation, and negotiating settlements for all
lawsuits or other disputes involving the City;
11. Advising and representing the City in employment matters, litigation, and
proceedings before state and federal agencies or administrative bodies; and,
12. Other legal matters that may arise or may be requested by the City.
C. Fee Schedule
LOWDR offers competitive, discounted rates for its public agency clients. Consistent with
I the terms of the RFQ, a broad range of routine legal services would be provided as part of a
monthly retainer fee, while court litigation, land use and environmental matters, eminent domain
proceedings, labor negotiations, and bond issue proceedings would be billed at an hourly rate or
separately contracted with the prior approval of the City Council.
Based on our discounted rates, legal services would be billed at the following rates:
I. A retainer fee of $9.500 per month ("retainer amount") would cover the routine (non-
litigation) matters involving the day-to-day operations of the City, including attendance
at City Council meetings. For legal issues covered by the retainer, fees would not
exceed the monthly retainer amount. The monthly retainer amount will increase by 3%
annually on July I, beginning July I, 2018.
At the request of the City, alternative billing procedures would be open for discussion.
D. Conflicts of Interest
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1. Neither LOWDR nor any of its legal professionals have made any political
1 contributions to any member of the City Council within the last five years.
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2. LOWDR represents the following governmental clients, and is aware of no known or
anticipated conflict of interests with the City:
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Glen Weeks, District Chief
glenw@cityofamericancanyon.org
(707) 551-0650
I Monterey Regional Fire Protection District (District Counsel)
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Michael Urquides, District Chief
murguides@mcrfd.org
(831) 455-1828
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Casey Cox, District Chief
arbucklefire@frontiemet.net
(530) 476-2231
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: l 3. In addition to the above-mentioned clients, the Firm has also advised or represented,
as Special Counsel, the following public agencies in the last five years:
4. Neither William Ross, the proposed City Attorney, nor David Schwarz, the proposed
Deputy City Attorney, have any current, known, or anticipated future professional
commitments that would impact their ability or availability to serve the City in their
respective roles.
E. References
Mark A. Johnson, Fire Chief Michael Urquides, Fire Chief
i "l Fresno County Fire Protection District Monterey County Regional Fire District
210 S. Academy 19900 Portola Drive
Sanger, CA 93657 Salinas, CA 93908-1234
- 1 559-493-4300 (831) 455-1828
Mark.A.Johnson@fire.ca.gov murguides@mcrfd.org
Represented: 2008 to Present Represented: 2004 - Present
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F. Additional Information
Thank you for your time and consideration in reviewing the Firm's Proposal for General
Counsel Legal Services. Further details the qualifications of the Firm and its legal professionals
can be found on our website, www.LawRoss.com.
We look forward to the opportunity to serve the City. Should any additional information
be required, please contact our office at your convenience.
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Law Offices of
William D. Ross
A Professional Corporation
CURRICULUM VITAE
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CURRICULUM VITAE
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j The Law Offices of William D. Ross ("LOWDR" or the "Firm") is a full-service law firm
with extensive experience representing and advising local governments, developers, and
' 1 private and commercial land owners in an array of matters ranging from civil litigation, land
use issues, regulatory compliance, environmental litigation, and applications to the Local
Agency Formation Commission ("LAFCO").
Founded in 1984 by its Principal Attorney, Mr. William D. Ross, the Law Offices of
William D. Ross, the Firm has tailored its legal practice towards serving the varying and
. 1 diverse needs of cities, special districts, and other local agencies across California. Due to
his extensive experience successfully advocating, advising, and litigating virtually all areas
applicable to California special districts, Mr. Ross would serve as General Counsel for the
Friant Water Authority ("Authority"), if our firm is selected. Should the need arise, a LOWDR
associate would be capable of serving as backup General Counsel.
Mr. Ross has served as the City Attorney for the City of American Canyon in Napa
County since its incorporation in 1992. In his role as City Attorney, he frequently advises and
represents American Canyon regarding the city's provision of water to its residents and the
operation of the city's wastewater treatment facility. He also serves as Special Counsel for
several Cities including Burbank, Richmond, El Monte, El Cerrito, and Soledad.
Additionally, Mr. Ross serves as District Counsel to more than a dozen fire protection
districts state-wide.
LOWDR also represents it's throughout all of the development process, including but
not limited to advocating its client's needs to involved regulatory bodies, evaluating and
pursuing amendments to General Plans and zoning designations, and preparing sphere of
influence updates, plans for services, changes of organization, and financing arrangements.
LOWDR is unique because its client spectrum (and thus its knowledge base and experience
. J of all relevant issues) spans both the public and the private sector.
OWDR specializes in the areas of local government, real estate development and
environmental litigation. Governmental, corporate and individual clients are assisted in the
.J areas of local government, real estate development and real property title litigation.
Governmental clients are advised and represented on a variety of issues and in
administrative and litigation proceedings including public finance, administration of claims
. J under the California Tort Claims Act, employment rights, environmental compliance, and real
estate development, and in proceedings before LAFCOs involving changes of organization
and reorganization, and formation, administration and dissolution of joint powers authorities .
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LOWDR advises and represents local government, developers and owners of
residential, commercial and industrial properties in administrative and litigation proceedings
~ in land use, California Environmental Quality Act ("CEQA") compliance and LAFCO matters.
The Firm has been involved as lead counsel in several published appellate cases and trial
court cases concerning governmental organization land use and CEQA compliance issues
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Curriculum Vitae
Page 2
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and has extensive experience in obtaining land use entitlements and environmental
approvals from local, state and federal agencies.
The Firm Principal, William D. Ross has over forty (40) years of experience with
c 1 representation of local government including serving as a member of the Commission for
Local Governance in the 21st Century, the body whose report serves as the basis of
comprehensive revisions of LAFCO statutes resulting in the Cortese-Knox-Hertzberg Local
' l Government Reorganization Act of 2000, the City of Pasadena Planning Commission and
as a member of the San Francisco Bay Conservation Development Commission. The Firm
and its principal are A-V rated.
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GOVERNMENTAL REPRESENTATION
Mr. William Ross serves as City Attorney for the City of American Canyon in Napa
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County, Special Counsel for several Cities including Burbank, Richmond, El Monte, El
Cerrito, Soledad and serves as District Counsel to several fire protection districts state-wide
advising them on matters dealing with the extension of fire prevention and suppression
services, personnel, administration and dealings with other government agencies which vary
from Departments of the State of California to the United States Forest Service, Bureau of
Land Management and Bureau of Indian Affairs. Examples of such districts are the San
Ramon Valley Fire Protection District in Contra Costa County, the Linda Fire Protection
District in Yuba County, Salida, Oakdale, and West-Stanislaus Fire Protection Districts in
Stanislaus County, the Arbuckle-College City Fire Protection District in Colusa County, the
Monterey Regional Fire Protection Districts in Monterey County, the American Canyon Fire
Protection District in Napa County, the Southern lnyo Fire Protection District in lnyo County,
and the North Sonoma Coast Fire Protection District in Sonoma County.
Mr. Ross has also served as Special Counsel or District Counsel for the following fire
protection districts, some of which have been reorganized out of existence: Moraga-Orinda
and Rodeo-Hercules Fire Protection Districts in Contra Costa County, the Humboldt No. 1
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and Fairhaven Fire Protection Districts in Humboldt County, the Diamond Springs Fire
Protection District in El Dorado County, the Mammoth Lakes and June Lake Fire Protection
Districts in Mono County, the Cloverdale Fire Protection District in Sonoma County, the
Walton Fire District in Sutter County, the Cordelia Fire Protection District in Solano County,
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Woodland Avenue and Stanislaus Consolidated, Denair and Keyes Fire Protection Districts
in Stanislaus County, the Jenny Lind Fire Protection District in Calaveras County and the
I Half Moon Bay Fire Protection District in San Mateo County.
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The Firm's clients have also included self-insurance retention authorities such as the
Fire Agencies Insurance Risk Authority ("FAIRA"), the Monterey County Local Agency
Insurance Authority, the Redwood Empire Insurance Authority, several joint power
authorities, and individual local agency officers in litigation.
The Firm's private clientele have included several prominent real estate developers. The
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Firm represented Shapell Industries and S and S Construction statewide on several
I administrative and litigation matters from 1981 through 2005. The representation and advice
c..l concluded shortly after the death of the business entities' founder and Chief Executive
Officer, Nathan Shapell. The Firm also represented K and B Homes and Peery Arrillega
Development Company.
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Law Offices of William D. Ross
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c 1 EDUCATION
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BAR ADMISSIONS
Admitted to the Bar, 1975, California, the United States District Court, Central
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District of California
Admitted to the Bar, 1978, United States Court of Claims and United States
District Court, Southern District of California
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Admitted to the Bar, 1981, United States District Court, Eastern District of
California
Admitted to the Bar, 1982, United States Court of Appeals, Tenth Circuit
Admitted to the Bar, 1983, United States Court of Appeals, Ninth Circuit
Admitted to the Bar, 1983, United States District Court, Northern District of
California
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Law Offices of William D. Ross
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ASSOCIATE BIOGRAPHIES
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I Karin Briggs. Senior Associate
c 1 Specialization
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Ms. Briggs main focus of law is municipal law, land use, and estate
planning .
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Legal Training
Ms. Briggs received her law degree from J. Reuben Clark Law School at
c ' Brigham Young University in 2001, graduating magna cum laude, where she
served as the Solicitations Editor of the Education and Law Journal and
Secretary of the Native American Law Students Association.
Litigation experience
Ms. Briggs is admitted to the California Bar and the Utah State Bar.
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Experience in the areas of Public Records Act and the Brown Act
Ms. Briggs has extensive experience advising and assisting local entities on
matters involving Brown Act and Public Records Act matters.
l David Schwarz, Associate
i Specialization
,I Mr. Schwarz's practice areas include environmental compliance, land use,
employment law, municipal law, and civil litigation.
Legal Training
Mr. Schwarz received his law degree in 2010 from the Indiana University Maurer
School of Law.
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Scholastic honors and professional affiliations
Merit-Based Full Tuition Scholarship - Indiana University Maurer School of Law;
Completed legal course-work in only two-and-a-half years- Indiana University
Maurer School of Law; CALl Excellence for the Future Award - Indiana
I University Maurer School of Law; Omicron Delta Epsilon Economist Society
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Years of Practice:
c 1 Mr. Schwarz has been practicing law for 6 years.
Knowledge of, and experience with public entity/local public sector law
Mr. Schwarz has 6 years of experience representing California Fire Districts,
Cities, and public agencies in a wide range of public sector matters, including
litigation, land use, contracts, environmental regulations, public records requests,
Brown Act compliance, labor and employment, and special assessment and
property tax issues
Litigation experience
Mr. Schwarz has 6 years of litigation experience in the above-referenced subject
areas. Admitted to the California Bar, the United States District Court for the
Central District of California, and the United States District Court for the Northern
District of California. Litigation experience includes issuing and responding to
discovery requests, preparing and responding to numerous law and motion
documents, utilizing and defending against writs, preparing trial briefs, and
engaging in trial preparation.
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Knowledge and practice of law relating to land use. CEQA. NEPA. real estate,
environmental issues. and other related law
Mr. Schwarz has extensive knowledge and litigation experience in land use,
c J CEQA, NEPA, the Mitigation Fee Act, and environmental matters, including both
transactional and litigation experience, ranging from experience in pursuing such
claims, defending against such claims, and settling claims relating to such
matters.
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Law Offices of William D. Ross
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employment, service and mutual/automatic aid, joint powers, and purchase
;1 agreements, as well as knowledge of public bidding requirements.
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Experience in the preparation and review of resolutions and other public
entity/public sector documents
Mr. Schwarz has extensive experience in preparing staff reports, ordinances,
resolutions, agendas, requests for proposals, ordinances, regulations, and
.I municipal code provisions for special districts and municipalities .
Experience in the areas of Public Records Act and the Brown Act
Mr. Schwarz routinely assists public agencies in complying with open government
laws, including but not limited to the appropriate use of closed session
consideration of matters and public notice requirements. I also have extensive
.I experience advising and representing public agencies in matters regarding
requests for public records under the California Public Records Act.
Specialization
. i Mr. Hostetter practice areas are civil litigation, land use and municipal law.
Legal Training
Mr. Hostetter received his law degree from the UCLA Law School in 2003, where
he served as Chief Managing Editor of the UCLA Journal of International Law &
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Foreign Affairs.
._j Knowledge of, and experience with public entity/local public sector law
Mr. Hostetter has 13 years' experience representing California Fire Districts and
Cities in all public sector matters, contractual and litigation.
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Law Offices of William D. Ross
Knowledge and practice of law relating to land use. CEQA. NEPA. real estate .
1 environmental issues. and other related law
Mr. Hostetter has extensive substantive knowledge and litigation experience in
land use, CEQA, NEPA, and environmental law.
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Experience in the areas if personnel. workers compensation. and employee
relations
Mr. Hostetter has extensive litigation and representation experience in personnel,
employee relations, and employee benefits law.
Experience in the areas of Public Records Act and the Brown Act
Mr. Hostetter has extensive experience advising, representing and litigating for
I California fire districts and cities in Brown Act and Public Records Act matters.
.I PUBLISHED CASES
PUBLISHED APPELLATE CASES (Partial Listing Only)
American Canyon Community United For Responsible Growth v. City of American
Canyon, 145 Cai.App.4th 1062 (2006)
San Ramon Valley Fire Protection District v. Contra Costa County Employees
Retirement Association, 125 Cai.App.4th 343 (2004)
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Law Offices of William D. Ross
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County of Orange v. Superior Court, 113 Cai.App.4th 1 (2003)
Carmel Valley Fire Protection District, et a/. v. State of California 25 Cal. 4th 287
(2001)
William S. Hart Union High School Dist. v. Regional Planning Commission, 226
Cai.App.3d 1612 (1991)
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I Long Beach Unified School District v. State of California, 225 Cai.App.3d 155
(1990)
Carmel Valley Fire Protection Dist. v. State of California, 190 Cai.App.3d 521
(1987)
c j Rapid Transit Advocates v. Southern California Rapid Transit District, 752 F.2d
373 (9th Cir. 1985) (NEPA action)
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' j San Bernardino Valley Audobon Society v. County of San Bernardino, (Gold
Mountain Memorial Park, Real Party-In-Interest), 155 Cai.App.3d 738 (1984)
(CEQA action)
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Richard M. Carman v. H.B. Alvord, as Tax Collector, 31 Cal.3d 318 (1982)
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Vernons & Vernons, Ltd. v. County of Los Angeles, 115 Cai.App.3d 943 (1981)
r-,
1 AMICUS PARTICIPATION
Author, Amicus Curiae Brief of Fire Chiefs Association of California in Richmond
1 v. Shasta Community Services, Dist., 32 Cal.4th 409 (2004)
Serves as Counsel for Southern lnyo Fire Protection District in the continuing
proceedings of BrightSource for an Alternate Energy Source, Charleston View
lnyo County, 2012 to present (Hidden Hill Solar Electric Generating System,
. J Docket No. 11-AFC-2).
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REFERENCES
Government Officials
The Honorable Xavier Beccera Mr. Will Travis, Former Executive Director
California Attorney General San Francisco Bay Conservation
1300 "I" Street Development Commission
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Suite 125 50 California Street, Suite 2600
Sacramento CA 94244 San Francisco, CA 94111
Contact: Henry Lozano, Administrative (415) 352-3653
Assistant henrylozano33@yahoo.com
Private Individuals
Steve Brock
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