HomeMy WebLinkAbout25H - AGMT SPECIAL LEGAL COUNSELREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 6, 2017
TITLE: APPROVED
❑ As Recommended
APPROVE AGREEMENT FOR SPECIAL El El
n
LEGAL COUNSEL SERVICES WITH JONES ElOOrrdinance on 1 Reading
❑ Ordinance on 2nd Reading
& MAYER, ATTORNEYS AT LAW ❑ Implementing Resolution
{STRATEGIC PLAN NO. 3,3; 5, . El Set Public Hearing For
/,?/I / CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute a three year agreement with
Jones & Mayer, Attorneys at Law, for legal services in the area of code enforcement receivership
and nuisance abatement matters, in the amount not to exceed $200,000, subject to non -
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The City has utilized receivership actions under the California Health and Safety Code to
successfully resolve difficult code enforcement matters in both commercial and residential
properties. Receivership is a legal process through which control of a real property is temporarily
taken from the owners and placed with a court-appointed officer; the Receiver. These
receiverships are used for abandoned and substandard properties where the owner has a history
of noncompliance with the City's code enforcement efforts or, in emergency situations, where the
real property presents an immediate threat to health and safety.
The receivership option is a comprehensive process which eliminates substandard conditions or
uninhabitable slum -like properties and allows the referring agency, when it is the prevailing party,
to recuperate its enforcement costs. This process also communicates to the public that the City
is actively protecting residents and tenants from dangerous conditions created by absentee or
non-responsive property owners.
Beginning in 2013, the City of Santa Ana has initiated more than fifteen receivership actions
against dangerous and substandard properties within the City. As a result of successful
prosecution of these actions, the dangerous and substandard conditions on these properties have
been corrected.
On August 2, 2016, the City Council approved an Appropriation Adjustment of $100,000 to the
Planning and Building Agency budget for receivership activities. This item also indicated that the
City would soon thereafter conduct a Request for Proposals to retain outside legal counsel for the
receivership program.
25H-1
Agreement for Special Legal Services Jones & Mayer, Attorneys At Law
June 6, 2017
Page 2
In September 2016, an RFP was released inviting law firms to submit proposals to provide legal
services related to the receivership program. Because the City has utilized Federal Community
Development Block Grant (CDBG) funds for the program, the RFP was conducted pursuant to
Federal guidelines (2 CFR 200.320(d)). The City's RFP was published for one week in the
Orange County Register and copies of the RFP were mailed to law firms in the Orange County
area who specialize in code enforcement litigation.
Four proposals were received in response to the City's RFP. The proposals were reviewed and
evaluated by staff from Code Enforcement, Planning & Building, and the City Attorney's Office.
Of the proposals received in response to the RFP, staff is recommending Jones & Mayer as the
top proposal. Staff specifically noted the high level of experience and expertise possessed by the
firm, the large number of receivership cases handled by the firm on behalf of other municipalities,
and the reasonable hourly rate.
Jones & Mayer has agreed to a capped fee by which the City will pay for attorneys' fees and
costs incurred up to $18,000 for each receivership case filed, with the exclusion of cases
involving a property that has a marijuana dispensary located thereon. Once the billed services
exceed $18,000, Jones & Mayer will seek payment directly from the appointed receiver. The City
Attorney's office and Jones & Mayer will agree on a case-by-case basis to a capped fee amount
to be paid directly by the City for receivership cases involving a property that has a marijuana
dispensary located thereon.
To provide the highest quality representation and legal counsel, staff desires to enter into legal
services agreements with the top ranked firm — Jones & Mayer. The proposed term of the
agreement would be three years.
There are three funding sources that may be used to fund the services proposed. The first
funding source to be utilized is the Code Enforcement Receivership Fund, the second fund
source to be utilized is Code Enforcement Contractual Services, and the last funds to be
considered is Code Enforcement CDBG Contract Services Account. When using the CDBG
funds all Federal requirements shall be followed.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #3 - Economic Development,
Objectives #3 (Promote a solution -based customer focus in all efforts to facilitate development
and investment in the community); Goal #5 — Community Health, Livability, Engagement &
Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy E (Implement
innovative code enforcement practices and strategies including the use of volunteers, enhanced
technologies and increased collaboration with other City departments and outside agencies to
address critical livability issues citywide [e.g. overcrowding, absentee landlords, landlord/tenant
rights and responsibilities, etc.]).
25H-2
Agreement for Special Legal Services Jones & Mayer, Attorneys At Law
June 6, 2017
Page 3
FISCAL IMPACT
Funding for this Agreement will be drawn from the following funding sources respectively until the
funds are exhausted:
1. Code Enforcement Receivership (09801001-24042). Effective July 1, 2017, City
Services Fund (05316021-62300)*
2. Code Enforcement Contractual Services (01116540-62300)
3. Code Enforcement CDBG Contractual Services (13518783-62300-17750416016)
As funds are recovered under the receivership process, those funds will be applied to replenish
the account and will be used to continue the receivership program. In the event additional
monies are required to continue the program, a request will be made for an appropriation
adjustment and placed on the agenda for Council approval.
*Effective July 1, 2017, the remaining balance in Fund 09801001-24042 will be transferred to the
City Services Fund (05316002-57018). Also, effective July 1, 2017 any recovery monies (non-
CDBG) received by the City related to Receivership activities will be deposited in the City
Services Fund (05316002-57018) and the corresponding/related expenditures will also derive
from the City Services Fund (05316021-62300).
25H-3
A/U
Account
Activity
Balance as of
Description
5/26/2017
1
09801001
24042
n/a
$20,972.24
Revolving Account to be used for
receivership expenditures
2
01116540
62300
n/a
$100,000.00
To be used for Receivership expenses after
fund 09801001 has been exhausted
To be used only for Receivership expenses
that incur in CDBG eligible areas, and/or
3
13518783
62300
17750416016
$58,467.99
City Attorney CDBG eligible receivership
activities. To be used after the 2 above
funds have been exhausted. All Federal
requirements shall be followed
As funds are recovered under the receivership process, those funds will be applied to replenish
the account and will be used to continue the receivership program. In the event additional
monies are required to continue the program, a request will be made for an appropriation
adjustment and placed on the agenda for Council approval.
*Effective July 1, 2017, the remaining balance in Fund 09801001-24042 will be transferred to the
City Services Fund (05316002-57018). Also, effective July 1, 2017 any recovery monies (non-
CDBG) received by the City related to Receivership activities will be deposited in the City
Services Fund (05316002-57018) and the corresponding/related expenditures will also derive
from the City Services Fund (05316021-62300).
25H-3
Agreement for Special Legal Services Jones & Mayer, Attorneys At Law
June 6, 2017
Page 4
;Ha�..n'la�?ni, AaCP
Executive Director
Planning & Building Agency
Robe (-C. COftez
Deputy City Man eg r
Community Development Agency
AN:rb
S:Admin\RFCA\Receivership LegalServices RFCA
Exhibit: 1. Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
25H-4
SPECIAL LEGAL COUNSEL SERVICES AGREEMENT
This AGREEMENT, made and entered into this _ day of June, 2017, by and between
Jones & Mayer, Attorneys at Law, ("Attorneys"), and the City of Santa Ana, a charter city and
municipal corporation duty organized and existing under the constitution and laws of the State of
California ("City").
RECITALS
A. City desires to employ Attorneys to assist the City Attorney in the provision of legal
services to the City, and
B. Attorneys represent that they are licensed to practice law in the State of California, have
special experience and knowledge in the field of municipal litigation, specifically code
enforcement receivership and nuisance abatement actions, and desire to undertake said
services.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the
compensation hereinafter specified, to assist the City Attorney with the review, filing, and handling
of receivership actions pursuant to the California Health and Safety Code. Additionally, the City
agrees to and does retain Attorneys for general advice and legal review on a case-by-case basis
when matters arise in relation to abatement of nuisances in Code Enforcement. Attorneys accept
said retention and agree to perform, in a timely and efficient manner, all such services as may be
requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City
in writing by e-mail or letter.
2. COMPENSATION FOR SERVICES RENDERED
a. City agrees to compensate Attorneys, and Attorneys agree to accept from City, the
billing rates identified in Exlubit A, attached hereto and made a part hereof, for the services
provided. Time will be billed in 1/10th of an hour increments.
(i.) The City and Attorneys agree that the City will pay Attorneys directly for
the foregoing services up to $18,000 for each receivership case filed, with
the exclusion of cases involving a property that has a marijuana dispensary
located thereon. Attorneys agree to recover amounts billed in excess of
$18,000 from the court appointed receiver as approved and awarded by the
Court pursuant to a fee recovery motion and order. The City, by and through
the City Attorney's Office, and Attorneys will agree on a case -by case basis,
the amount of fees to be paid directly by the City for receivership cases
involving a property that has a marijuana dispensary located thereon.
Attorneys make no representation as to the total potential amount of
fees/costs to be incurred on any particular assigned matter. Following notice
by Attorneys and acknowledgment by the City, the City agrees to pay
EXHIBIT 1
25H-5
Attorneys directly and above the $18,000 on a receivership case at the rates
established in Exhibit A, for extraordinary fees and/or costs incurred for
appeals, writs, or other unanticipated additional legal services.
b. City agrees to reimburse Attorneys for out-of-pocket expenses in connection with
the performance of duties under this Agreement, as stated in Exhibit A. Any costs in excess of
$5,000 require City Attorney approval prior to incurring the expense. All expenses must have
supporting documentation submitted with the invoice.
C. Attorneys shall not bill City for routine clerical expenses, such as word processing,
secretarial and office costs including telephone and fax charges.
d. The total amount to be expended_by City pursuant to this Agreement shall not
exceed two hundred thousand dollars ($200,000.00) over the three year term of the Agreement.
This amount may be increased by the mutual agreement of the parties pending approval of the City
Council.
3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the
services performed, dates and number of hours, and an itemization of expenses related thereto
with supporting documentation (i.e. receipts, invoices, copy of check, etc).
4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or
proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain
under, and subject to the control and direction of said City Attorney at all stages, and that they shall
at all times keep the City Attorney informed of all matters pertaining thereto. City will keep
Attorneys informed of all significant developments in matters relating to any representation
undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is
terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then
in their possession concerning each and every matter or proceeding in which they represented the
City pursuant to this Agreement.
5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, Code
Enforcement Manager, and any other person(s) designated by the City Attorney, informed of
significant events in the Actions, including but not limited to trial date, filing of motions, hearing
date for motions, settlement conference date, and mediation date. Attorneys also agree to provide
the following reports:
a. Initial evaluation of case and budget; and
b. Monthly case updates for all properties assigned to Attorneys by City;
6. TERM The term of this Agreement shall commence on the date first written above and
terminate on May 18, 2020, unless terminated earlier pursuant to Section 16 below. The term of
this Agreement may be extended upon a writing executed by both parties, including the City
Manager and the City Attorney for the City.
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25H-6
7. NDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that,
in the performance of their covenants hereunder, Attorneys are and shall be independent contractors,
and not officers or employees of City.
8. INSURANCE Attorneys shall provide to the City Attorney proof of Professional
Liability (errors and omissions) insurance, with a combined single limit of not less than
$1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If
Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or
refuse to furnish the City with required proof that insurance has been procured and is in force
and paid for, the City shall have the right, at the City's election, to forthwith terminate this
Agreement. Such termination shall not affect Attorneys' right to be paid for its time and
materials expended prior to notification of termination.
9. NDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the
City, its officers, agents, employees, and representatives from liability for personal injury,
damages, restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or
wrongful performance or conduct related to this Agreement.
10. ATTORNEYS' OBLIGATIONS
A. No Conflict. To the best of Attorneys' knowledge, Attorneys' execution, delivery and
performance of its obligations under this Agreement will not constitute a default or a breach
under any contract, agreement or order to which Attorneys are a party or by which it is bound.
B. No Bankruptcy. Attorneys are not the subject of any current or threatened bankruptcy
proceeding.
C. No Pending Legal Proceedings/Debarment. Attorneys are not the subject of a
current or threatened litigation that would or may materially affect Attorneys' performance under
this Agreement. Attorneys further acknowledge that they are not on the list of debarred
contractors.
D. No Pending Investigation. Attorneys are not aware that they are the subject of any
current or threatened criminal or civil action investigation by any public agency, including
without limitation a police agency or prosecuting authority, that would relate to affect
performance of the Agreement or provision of services hereunder.
E. Licensing. Attorneys agree to obtain and maintain all required licenses, registrations,
accreditation and inspections from all agencies governing its operations. Attorneys shall ensure that
its staff shall also obtain and maintain all required licenses, registrations, accreditation and
inspections from all agencies governing Attorneys' operations hereunder.
F. Audit Report Requirements. Attorneys agrees that if Attorneys receives Seven
Hundred and Fifty Thousand Dollars ($750,000.00) or more in federal funds, Attorneys shall have
an annual audit conducted by a certified public accountant in accordance with the standards as set
forth and published by the United States Office of Management and Budget. Attorneys shall
provide City with a copy of said audit by October I of the year following the program year in which
this Agreement is executed, if applicable.
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25H-7
G. Record Keeping/Reporting. Attorneys shall keep and maintain complete and adequate
records and reports to assist City in meeting and maintaining its record keeping responsibilities
under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq.
H. Access to Records. City and the United State Government and/or their
representatives shall have access for purposes of monitoring, auditing, and examining Attorneys'
activities and performance, to books, documents and papers, and the right to examine records of
Attorneys' subcontractors, bookkeepers and accountants, employees and participants in regard to
said program. City and the United States Government and/or their representatives shall also
schedule on-site monitoring at their discretion. Monitoring activities may also include, but are
not limited to, questioning employees and participants in said program and entering any premises
or any site in which any of the services or activities funded hereunder are conducted or in which
any of the records of Attorneys are kept. Nothing herein shall be construed to require access to
any privileged or confidential information as set forth in federal or state law.
1. Location of Records/Required Length of Record Keeping. All accounting records,
reports, and evidence pertaining to all costs, expenses and the funds received by Attorneys and
all documents related to this Agreement shall be maintained and kept available at Attorneys'
office or place of business for the duration of the Agreement and thereafter for four (4) years
after completion of an audit in conformity with the CDBG Regulations. Records which relate to
(a) complaints, claims, administrative proceedings or litigation arising out of the performance of
this Agreement, or (b) costs and expenses of this Agreement to which City or any other
governmental agency takes exception, shall be retained beyond the four (4) years until complete
resolution or disposition of such appeals, litigation claims, or exceptions. In the event Attorneys
do not make the above -referenced documents available within the city of Santa Ana, California,
Attorneys agrees to pay all necessary and reasonable expenses incurred by City in conducting any
audit at the location where said records and books of account are maintained.
J. Confidentiality. Without prejudice to any other provisions of this Agreement, Attorneys
shall, where applicable, maintain the confidential nature of information provided to it concerning
participants in accordance with the requirements of federal and state law. However, Attorneys shall
submit to City and or HUD or its representatives, all records requested, including audit,
examinations, monitoring and verifications of reports submitted by Attorneys, costs incurred and
services rendered hereunder.
K. Lobbying. Attorneys certify that they will comply with federal law (31 U.S.C. 1352)
and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any
person for influencing or attempting to influence an officer or employee of any agency, Member of
Congress, or an officer or employee of a Member of Congress in connection with awarding of any
federal contract, the making of any federal grant or loan, entering into any cooperative agreement
and the extension, renewal, amendment or modification of any federal contract, grant, loan or
cooperative agreement. Attorneys shall sign a certification to that effect. Attorneys shall submit
said signed certification to City prior to performing any of its obligations under this Agreement and
prior to any obligation arising on the part of City to pay any sums to Attorneys under the terms and
conditions of this Agreement.
4
25H-8
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance
with its instructions.
L. Financial Interest. Attorneys agrees that except for the use of funds to pay salaries
and other related administrative or personnel costs, no persons who exercise or have exercised
any function with respect to activities assisted under the terms of this Agreement, or who are in a
position to participate in a decision-making process or gain inside information with regard to
such activities, may obtain a financial interest or benefit from a City -assisted activity of
Attorneys, either for themselves or those with whom they have family or business ties, during
their tenure or for one year thereafter. This prohibition applies to any person who is an agent,
employee, consultant, officer, or elected or appointed official of City, or of any designated public
agencies, or the Attorneys.
M. Drug Free Workplace. Attorneys certifies that it has established the following drug-
free workplace policy:
1. The unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the workplace for any employee involved in a federally funded
program.
2. As an employee working in conjunction with a federally funded program, the
employees of Attorneys will be required to:
a) Abide by the terms above in statement 1.
b) Notify appropriate officials of Attorneys and City officials of any
criminal drug statute conviction for a violation occurring in the workplace not later
than five days after such conviction.
3. The City and the United State Department of Housing and Urban
Development will be notified within ten days after receiving notice of any such violation.
4. Within 30 days of receiving such notice, appropriate personnel action will be
taken against such employee, up to and including termination.
Each such employee shall be required to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a federal, state or local health,
law enforcement, or other appropriate agency.
N. Nondiscrimination. Attorneys agrees that no person on the ground of race, age,
color, disability, national origin, religion or sex will be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity funded in whole
or in part with funds received pursuant to this Agreement. Attorneys affirms that it is an equal
i
25H-9
opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
O. Conflict of Interest. Attorneys agrees that no officer, employee, agent or
assignee of City who was involved in the sale of said property, either directly or indirectly, shall
serve as an officer of Attorneys. Further, any conflict or potential conflict of interest of any
officer of Attorneys shall be fully disclosed in writing prior to the execution of this Agreement
and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be
sent by Attorneys to City regarding any changes or modifications to its board of directors and list
of officers.
P. Prohibition of Nepotism. Attorneys agrees not to hire or pen -nit the hiring of
any person to fill a position funded through this Agreement if a member of that person's immediate
family is employed in an administrative capacity by Attorneys. For the purposes of this section, the
term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-
in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew,
stepparent and stepchild. The term "administrative capacity" means having selection, hiring,
supervisor or management responsibilities.
11. CONFIDENTIALITY If Attorneys receive from the City information, which due to the
nature of such information is reasonably understood to be confidential and/or proprietary,
Attorneys agree that it shall not use or disclose such information except in the performance of
this Agreement, and further agree to exercise the same degree of care it uses to protect its own
information of like importance, but in no event less than reasonable care. "Confidential
Information" shall include all nonpublic information. Confidential information includes not only
written information, but also information transferred orally, visually, electronically, or by other
means. Confidential information disclosed to either party by any subsidiary and/or agent of the
other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Attorneys, disclosed in a publicly available source; (c) is
in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to
be disclosed by operation of law; or (e) is independently developed by the Attorneys without
reference to information disclosed by the City.
12, CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no
interests and shall not have interests, direct or indirect, that would conflict in any manner with
performance of services specified under this Agreement.
13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
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25H-10
mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
Facsimile (714) 647-6956
Courtesy Copy: City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-6515
To Attorneys: Jones & Mayer, Attorneys at Law
3777 North Harbor Boulevard
Fullerton, CA 92835
Facsimile (714) 446-1448
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, communication shall be effective or deemed to have been
given three (3) days after it has been deposited in the United States mail, duly registered or
certified, with postage prepaid, and addressed as set forth above. If sent by facsimile,
communication shall be effective or deemed to have been given twenty-four (24) hours after the
time set forth on the transmission report issued by the transmitting facsimile machine, addressed
as set forth above. For purposes of calculating these time frames, weekends, federal, state,
County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and
exclusive statement between the City and Attorneys, and supersedes any and all other
agreements, oral or written, between the parties. In the event of a conflict between the terms of
this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This
Agreement may not be modified except by written instrument signed by the City and by an
authorized representative of Attorneys. The parties agree that any terms or conditions of any
purchase order or other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate Attorneys or the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise,
have been made by any party, or anyone acting on behalf of any parties, which are not embodied
herein.
15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized
services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the City and any such assignment, transfer, delegation
25H-11
or subcontract without the City's prior written consent shall be considered null and void.
Nothing in this Agreement shall be construed to limit the City's ability to have any of the
services which are the subject of this Agreement performed by City personnel or by other
Attorneys retained by City.
16. TERMINATION This Agreement may be terminated by City at any time. In such event,
Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services
performed by Attorneys prior to receipt of such notice of termination. As a condition of such
payment, Attorneys shall deliver to the City all files and records generated under this Agreement as
of such date.
Attorneys may terminate this agreement, subject to their obligation to provide written reasonable
notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to
secure new counsel as quickly as possible and to cooperate fully in the substitution of the new
counsel as counsel of record in in the Actions.
17. DISCRIMNATION Attorneys shall not discriminate because of race, color, creed,
religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as
defined and prohibited by applicable law, in the recruitment, selection, training, utilization,
promotion, termination or other employment related activities. Attorneys affirm that it is an
equal opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
18. JURISDICTION — VENUE This Agreement has been executed and delivered in the
State of California and the validity, interpretation, performance, and enforcement of any of the
clauses of this Agreement shall be determined and governed by the laws of the State of
California. Both parties further agree that Orange County, California, shall be the venue for any
action or proceeding that may be brought or arise out of, in connection with or by reason of this
Agreement.
19. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its
signature herein below has the power, authority and right to bind their respective parties to each of
the terms of this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority or power is not,
in fact, held by the signatory or is withdrawn.
20. COUNTERPARTS: SIGNATURES This Agreement may be executed in counterparts,
secured via facsimile transmission or otherwise, each of which shall be deemed to be an original.
Photocopies of any executed counterpart shall have the same force and effect as an original.
[SIGNATURES ON NEXT PAGE]
25H-12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
City of Santa Ana
RECOMMENDED FOR APPROVAL:
SONIA R. CARVALHO
City Attorney Office
City of Santa Ana
APPROVED AS TO FORM:
CITY OF SANTA ANA
SONIA R. CARVALHO
City Attorney
By:�—� LCA
Lisa Storck
Assistant City Attorney
CITY OF SANTA ANA
Robert Cortez
Acting City Manager
City of Santa Ana
Jones & Mayer, Attorneys at Law
By:
Name:
Title:
Tax ID No.
9
25H-13
_(J & M �--
JONES & MAYER
ATTORNEYS AT LAW
❑ Fullerton Office
❑ AnnJro Grande Office
O Roseville Office
3777 NORTH HARBOR BLVD,
102 E. BRANCH ST., STE G
8150
SIERRA COLLEGE BLVD., STE 190
FULLERTON, CALIFORNIA
92835
ARROYO GRANDE, CA 93420
ROSEVILLE, CA 95661
(714) 446-1400 • FAX (714) 446-1448 (805) 270-4294 • FAX (805) 980-4784
(916) 771-0635 • FAX (916) 771-0690
Richard D. Jones'
Associates
Kuthya M. Firlik
HmoldW Porter
nal
Partners
Monies Choi Arrech ndo
Crystal V. Hodgson
Tarquin Poetical
Michael R. Capin
Martin J. Mayor
Melissa M. Ballard
Krista MocNevin leo
Curtis A. Raven
Harold DeGraw,
Kimberly Hall Barlow
Jamaar Boyd -Weatherby
Ryan R. Jones
Brittany F.. Roberto
David R. Derm rjian
James R. Touchslonc
Baron 1. Beloollausen
Gary S. Krauker
Denise L. Rocawich
Deborah Pemice-Knefel
'Nomas P. Duarte
Paul R. Cable
Bruce A. Lindsay
Yolanda M. Summerhill
Dean J. Pucci
Richard L. Adams 11
Keith F. Collins
Adrimnie Menden
Ivy M. Tsai
Steven N. Skold,
Christian L. Beltenluusen
Michael Q. Do
Gregory P. Palmer
Carmen Vieques
Peter E. Tracy
Scott B. Poncr
*a Professional Law
Corporation
September 28, 2016
Kyle C. Nellesen
Office of the City Attorney
20 Civic Center Plaza, M-29
PO Box 1988
Santa Ana, CA 92702
Consultant
Marvin D. Feinstein
Re: City of Santa Ana City Attorney's Office RFP Re: Litigation Selvices for the
Once of the City Attorneys Receivership Program
Dear Mr. Nellesen,
Let me begin by thanking you for the opportunity to respond to the Request for Proposal
to provide receivership legal services for the City of Santa Ana. Enclosed please find our fan's
response.
Jones & Mayer operates exclusively as a municipal law firm, providing legal services in
all areas of the law affecting cities and other public entities. Our intent would be to provide all
legal services for the City of Santa Ana from our principal office located in Fullerton. Our firm is
the only of its Und in the State of California that combines extensive experience as City Attorney
and City Prosecutor with the experience of serving (through its principals) as Court Appointed
Receiver as well as receivership litigation counsel to public agencies.
Jones & Mayer currently serves as City Attorney for the cities of Bishop, Blythe,
California City, Clearlake, Colusa, Costa Mesa, Fullerton, Grand Terrace, La Habra, Lakewood,
Nevada City, Placentia, Upland, West Covina, Westminster and Whittier. The firm also serves as
Successor Agency Counsel to the former Redevelopment Agency for the cities of Costa Mesa,
Grand Terrace, La Habra, Westminster, South Pasadena, Blythe and Upland. We believe that
each of our client cities benefit from the firm's extensive experience in municipal law, land use
and redevelopment, including condemnation proceedings, real estate acquisitions, project
'XNR-ok
negotiations, and drafting and implementing owner participation and disposition and
development agreements.
We are General Counsel for the Gateway Cities Council of Governments and the San
Gabriel Valley Council of Governments in Los Angeles County, and represent a number of other
joint power authorities. The firm also represents individual cities as special counsel or on single
litigation matters, generally arising out of conflicts of interest regarding its city attorney or given
our expertise in a particular area. Jones & Mayer is a premier municipal law firm focused on
providing the full spectrum of legal services to cities and municipal agencies around the state.
We invite your close review of the General Proposal contained in this transmittal, and
believe that you will find that Jones & Mayer will exceed the City's needs and expectations for
its receivership legal counsel. Jones & Mayer is one of the leading law firms specializing in
Health & Safety Receiverships across the State and has handled, by far, more Health & Safety
Receivership litigation than any other firm across the State of California. We look forward to the
opportunity to discuss this and our Cost Proposal, submitted concurrently herewith, more fully in
person.
yours,
JONES
rdj
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1XIINAR "4005
RESPONSE TO REQUEST FOR PROPOSAL
FOR LITIGATION SERVICES ON CODE ENFORCEMENT
RECEIVE, RSIIIF CASES
Contract Proposal Contact:
Dean J. Pucci, Esq.
Director of Receiverships Division
3777 North Harbor Boulevard
Fullerton, CA 92835
Telephone: (714) 446-1400
Facsimile: (714) 446-1448
djp@jones-inayei-.com
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INTRODUCTION
Jones & Mayer is a firm with over thirty-four years of experience exclusively
representing cities, counties, and various local and statewide public entities in California. We
provide advice and representation to the various governing bodies and law enforcement agencies
of numerous cities, counties and the state. Every attorney at our firm is dedicated to serving
public entities. This work is not simply a part of what this firm does. It is what this firm does.
We have earned a statewide reputation for our work with the League of California Cities, and
many cities and organizations throughout the state, to represent, protect and defend the interests
of our clients.
The legal form of the firm is as follows: Richard D. Jones, a Professional Law
Corporation, doing business as Jones & Mayer. Our principal office is located in Fullerton,
California with secondary offices in Los Angeles, Arroyo Grande and Roseville, California.
More information is available on the firm's website, which is located at htto://www.iones-
mayer.com. Jones & Mayer is comprised of forty-five attorneys, seven attorneys who serve of
counsel in specified areas of law, two paralegals, and twenty support staff all dedicated to
serving public entities focusing on transactional, advisory, and litigation representation. Office
hours are Monday through Friday, from 8:30 a.m. to 5:30 p.m. although we can be reached 24/7
through our answering service.
Currently, no conditions exist that might impair or negatively affect the firm's ability to
perform contractually, such as bankruptcy, pending litigation, planned office closures, or
impending mergers. Richard D. Jones hereby certifies that Jones & Mayer is not debarred or
suspended, and has not otherwise been declared ineligible to contract by any federal, state, or
local public agency.
SIGNATURE AND DECLARATION
I declare under the penalty of perjury that this proposal is genuine, and not sham or
collusive, nor made in the interest or on behalf of any person not named herein; the proposer,
Jones & Mayer, has not directly or indirectly induced or solicited any other proposer to put in a
sham bid, or any other person, firm or corporation to refrain from submitting a proposal, and
Jones & Mayer has not in any manner sought by collusion to secure for ourselves an advantage
over any other proposer.
25H-17
Xr J
j
Lauren Budd, Office Manager
1: PROPOSED TEAM
(See Exhibit A — Complete resunnes for each proposed attorney and lead/supervising attorney
Dean J. Pucci)
2: PROPOSED FEES
The scope of legal services to be provided to the City of Santa Ana includes providing
legal advice, guidance and representation of the City for the purpose of securing receiverships
over identified properties. We will provide monthly reports to City contacts, and make
appearances and/or provide updates to the City Attorney as directed by the City. Jones & Mayer
will bill the City for these legal services at a rate of $125.00 per hour for services performed by a
law cleric or paralegal and $225.00 per hour for services performed by an attorney.
Once the City has successfully obtained the appointment of a Receiver it is entitled to
reimbursement for any and all fees/costs it has paid its legal counsel (or to Jones & Mayer). We
will immediately draft the appropriate pleadings and supervise the process of securing
reimbursement for all fees and costs paid to our firm. That reimbursement comes directly from
the appointed Receiver in the form of a check written to the City for the total of fees it has paid
its legal counsel. Assuming there are no unanticipated complications, the estimated cost for this
litigation per project may range from $12,000.00 - $17,000.00 per property, inclusive of all
typical duties associated with receivership litigation and excludes unforeseen costs of litigation
or appeals.
The firm does not bill clients for routine clerical expenses. However, any extraordinary
or large copying or reproduction expenses are billed to the client on a straight pass-through basis.
Expenses not exceeding $1,000.00 are advanced by the firm and later billed to the client, while
expenses exceeding $1,000.00 are forwarded directly to the client for payment.
All billable work is recorded in increments of 0.10 of an hour (i.e., 6 minute increments).
The firm avoids block billing and provides a description of the work that is sufficient to recall, to
the mind of either the attorney or the client, the activity involved.
3/4: EXPERIENCE & GENERAL STRATEGIC
Representing Municipalities in Receivership or Code Enforcement Actions
Jones & Mayer is one of the leading law firms with extensive, unparalleled experience in
Health & Safety Receiverships in California. Our Receivership Division routinely provides legal
representation to public agencies in obtaining the appointment of receivers. Our firm has
handled more health & Safety receivership litigation than any other law firm in California. We
also provide full services as City Prosecutor to cities throughout California, We prosecute cases
originating from all departments, including code enforcement, police, fire, zoning, finance, etc.
When necessary, we prosecute to abate a variety of municipal code violations from complex
nuisance abatement matters to unkempt property. We were recently selected over numerous
competing firm candidates to represent the City of Los Angeles in their newly launched
receivership program.
Specific examples of receivership experience unique to the firm and proposed team
identified herein are as follows: implementing and litigating receivership actions combining
causes of action under the California Business & Professions Code for businesses, properties
and/or operators engaged in unfair business practices; implementing and litigating receivership
actions in numerous cities and counties with District Attorney authorizations to bring said
actions in the name of the People of the State of California combined with the local agency
authority; successfidly representing public agencies in complex receivership actions in various
California Courts of Appeal; successfirlly litigating complex receivership actions involving
commercial, industrial and large scale business operations; appointment as receiver over
hundreds of properties ranging from residential, commercial, industrial, multi-family/unit, as
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well as complex business operations placed into receivership; successfully creating and
implementing large scale receivership programs for cities and counties across the State; and
drafting receivership standing orders and procedural guidelines for presiding judges and superior
court administrative staff.
Cases handled by our firm have included: 'packrat' and hoarder properties, disabled
owners / occupants unable to comply with abatement orders, forced tenant and/or owner
relocation, illegal construction or occupation, multi-unit/apartments, fire damaged properties,
slumlord/deceased owner and/or trust owned properties, bank owned/abandoned properties and
many more.
The list of municipalities we represent in receiverslup litigation include: Vallejo;
Vacaville; South Lake Tahoe; Anaheim; South Pasadena; Chowchilla, Santa Maria; Santa Rosa;
Costa Mesa; Fullerton; Upland; La Habra; Buena Park; Sunnyvale; Los Altos; Alameda; Blythe;
California City; Brea; Clearlake; Culver City; Eureka; Grand Ten -ace; Rolling Hills Estates;
Hawthorne; Irvine; Los Angeles; Ridgecrest; Lakewood; Los Banos; Rancho Cucamonga; Santa
Fe Springs; West Covina; Westminster; Whittier; and Willows.
Other Types of Receivership Services
Jones & Mayer has extensive experience monitoring and coordinating different types of
receivership services both as counsel to public agencies as well as in the capacity of the court
appointed receiver. Specific examples include: litigating and monitoring receiverships in various
stages of bankruptcy; coordinating complex lien clearing, negotiations with federal and state
taxing authorities over lien and title issues; supervising and coordinating receivership actions
over properties in various foreclosure actions.
Knowledge of the Court Appointer/ Receivership Program
Proposed lead counsel routinely lectures across the State on matters related to
receiverships including providing continuing education seminars for the League of California
Cities, California State Bar, local city and county agencies as well as continuing judicial
education. Furthermore, they have been published in the area of receiverships by many of these
same agencies. California courts have specifically sought our assistance and direction in drafting
receivership standing orders and procedural guidelines for presiding judges and superior court
administrative staff.
Ability to Successfully Petition Courts fur the Appointment of Receivers
Jones & Mayer has had more health and safety receivers appointed than any other firm in
the State. Since 2010, we have filed approximately 250 Receivership Petitions and have
successfiilly had approximately 240 Receivership Petitions granted. The remaining 10 resolved
themselves with compliance negating the need for a receiver. Additionally, the firm and
proposed team have had unparalleled success in defending appointments and lower court
decisions in various districts of the California Court of Appeal.
Ability to Successfully Recover Costs, Fees, and Penalties
Jones & Mayer prides its self on a reputation of promoting receiverships across the state
as the future of code enforcement remedies that ensure a property/property owner pays for its
own rehabilitation. We are the leader in implementing this remedy as we recover well over 98%
of the attorney fees, costs and lien recovery for our clients. Our fee motions and awards are
specifically drafted to ensure payment directly from the funds obtained by the receiver before the
termination of the receivership. We have unparalleled experience in obtaining fee recovery from
state courts and upholding fee recovery in appellate courts. To illustrate this point, since 2010,
Jones and Mayer has sought and recovered over 2.5 million dollars in attorney fee awards for its
receivership clients.
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Capacity to Fife Petitions for ilfultiple Health and Safety Receiverships
Jones & Mayer has unparalleled experience in managing high volume receivership
litigation and workloads, including a systemized process and assignment of duties to streamline
and manage various aspects of petition preparation, filing and compliance with all statutory and
procedural requirements unique to receivership litigation. Currently, we manage more active
receiverships and receivership litigation than any other firm in the State. Our systems ensure that
each case is managed effectively to coordinate appearances, client updates, and tithing of filing
of attorney fee motions and cost recovery, and receiver and contractor compliance. We require
our appointed receivers to provide us with monthly updates to ensure each project is moving
appropriately. Receivership Administrators are assigned to each project and are responsible for
assisting the legal team on the day to day monitoring of each project.
Experience Aloniforing Other Types of Receivership Services, Lien Acquisition Nranagernent,
and Foreclosures
Jones & Mayer has extensive experience monitoring and coordinating many types of
receivership services both as counsel to public agencies as well as in the capacity of the court
appointed receiver. Specific examples include: litigating/supervising and monitoring
receiverships in various stages of bankruptcy (including extensive experience obtaining relief
from automatic stays under federal law for local enforcement agency actions); supervising and
coordinating complex lien clearing, stripping and negotiations/settlements with federal and state
taxing authorities over lien and title issues during receiverships; supervising and coordinating
receivership actions over properties in varying states of foreclosure actions.
Experience 11anaging Data and Reporting Requirements far Public or Private Agencies
Jones & Mayer routinely manages data and reporting requirements for our respective
clients including, but not limited to, client conflict screenings, risk management reports and
required litigation assessments, city counciYboard of supervisor reports, closed session reports
and recommendations, annual audit disclosures and reports, required oaths as well as all required
financial reporting requirements.
Demonstrated Readiness to Proceed
Jones & Mayer has all of the systems, personnel and experience to proceed immediately
with any number of projects for the City of Santa Ana. In addition to the proposed team, we are
committed to assigning any number of additional personnel deemed necessary to implement and
effectively manage those projects for the City. We have substantial experience implementing
large scale receivership programs for cities across the State. We are confident in our
representation that our firm would provide the ultimate in demonstrated and continued readiness
to proceed for the City of Santa Ana.
5: LAWSUITS AGAINST GOVERNMENT ENTITIES
While we seldom litigate against public entities, there have been times when we are
called upon to do so as part of our representation of another public entity. For example, we have
been retained by public entitles or by individual elected offlcials on occasion to represent
officials of those entities and then have become involved in litigation with a public entity who is
in a dispute with the official, usually involving their respective rights, responsibilities or
obligations. These cases include: Sparks v. Counry of Kern Board of Supervisors, Kern County
Superior Court Case No. S -1500 -CV -259869 -NFT; rblargarel 11ims, Fresno County Sheri v.
County of Fresno Board of Supervisors; Fresno County Superior Court Case No.
10CECO00528; CounryofSan ,loaquin v. Jones, et al., Sacramento Superior Court Case Number
Case No. 06AS00744.
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In addition, we are occasionally retained to represent our municipal clients in legal
disputes with other municipalities or public entities. The only such case in the last five years was
an indemnity action involving public property owned by a different public entity, Snow v. State
of*Callfornia, et al., Orange County Superior Court Case No. 30-2010 00351391. We have also
represented one public entity in "friendly" litigation with another entity involving validation or
declaratory relief matters. These cases include: Gary Penrod v. County of San Bernardino, San
Bernardino Superior Court Case No. SCV 093009, Court of Appeal Case No. E034908; Leroy D.
Baca v. County of Los Angeles, Board of Supervisors of Los Angeles County, Case No. BC
289025; The People of'the Slate of California on the Relation of Leroy D. Baca, Los Angeles
County Sheriff v. County of Los Angeles, Board of Supervisors of Los Angeles County, Case No.
BC299486; The People of the State of California on the Relation of Steve Cooley, Los Angeles
County District Attorney; and Rick Auerbacly Los Angeles County Assessor v. County of Los
Angeles, Board of Supervisors of Los Angeles County, Case No. BC343769.
6: ADDITIONAL INFORMATION
All relevant information regarding the qualifications of the firm have been stated above.
Also included for your review are the resumes of each proposed team member.
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i ! i
-E., G8l
•i
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DEAN J.
PUCCI
Of Counsel
s It
Practice Areas
Receivership Litigation
Court Appointed Receiver
City Prosecutor
Police Litigation/Legal Advisor
Investigations
Education
J.D., Southwestern University
School of Law, Los Angeles, CA
2002, Student -Faculty Relations
Committee
Bachelor of Arts undergraduate
degree from University of
Nevada Reno, 1999, Founding
President, Phi Alpha Delta Law
Fraternity, Board of Regents
Outstanding Student Award,
Student Ambassador.
Bar and Court Adinissions
California Supreme Court
United States Court of Appeals for
the Ninth Circuit
U. S. District Court for the Central,
Northern, Eastern and Southern
Districts of California
Professional Affiliations
State Bar of California
American Bar Association
California State Sheriffs
Association
California Police Officers
Association
California Police Chiefs
Association
(7 ta) 446-1 400
Mr. Dean J. Pucci is currently Of Counsel to the law Finn of Jones &
Mayer and serves as the Firm's Director of Receiverships Division.
Prior to joining forces with Jones & Mayer Mr. Pucci co-founded the
California Receivership Group LLC, serving as its Vice -President and
General Counsel, a company that specializes in serving as court
appointed health & safety receivers over severely substandard
properties across the State. Mr. Pucci has been nominated by cities and
counties statewide and brings his expertise as legal counsel to public
agencies and experience as a court appointed officer to ]ones & Mayer.
Mr. Pucci regularly lectures receiverships and other related code
enforcement remedies throughout the State.
Mr. Pucci previously practiced as an associate with the law offices of
Jones & Mayer and founded the firm's health and safety receivership
program successfully marketing and implementing the program for
cities and counties throughout the State of California. fn that capacity
Mr. Pucci advised and represented the firm's public agency clients on
all aspects of receivership litigation. In addition NU. Pucci has served
as both Designate and Deputy City Prosecutor for approximately
thirteen California cities. ht this capacity, Mr. Pucci was responsible
for handling all aspects of the criminal prosecution of city municipal
code violations.
Mr. Pucei's legal experience includes police litigation and city
prosecution. His practice has involved representing cities, counties arid
the State as legal advisor to their Chiefs of Police or Sheriffs and in that
capacity has represented over one -hundred agencies throughout
California. In this capacity Mr. Pucci represented law enforcement
management in a variety of contexts including personnel disciplinary
proceedings, civil rights litigation, constitutional law and appellate/writ
practice.
Mr. Pucci has extensive experience conducting internal affairs
investigations on behalf of municipal police departments involving
allegations of misconduct by peace officers. fie has additionally served
as legal advisor and representative to a number of law enforcement
agencies reviewing internal affairs investigations and reports:
conducting Skelly hearings as well as tenninationMisciplinay appeal
hearings.
As former deputy city attorney to the cities of Costa Mesa, Fullerton,
La Habra, Whittier and Westminster, Mr. Pucci has handled numerous
complex litigation cases in both state and federal court successfitlly
defending municipal and county clients. Specifically Mr. Pucci has
extensive experience litigating complex health and safely and housing
matters; class action lawsuits in both state and federal courts involving
allegations of constitutional violations. Mr. Pucei's experience
includes handling of litigation in Quo Warranto (or on behalf of the
California Attorney General) and serving as counsel for amici curiae on
numerous high protite cases involving various law enforcement issues.
25H-23
GREGORY P.
PALMER
Senior Associate
Practice Areas
Police Legal Advisor
City Prosecutor
Personnel and Employment
Pitchess Motions
Writs and Appeals
Education
J.D. Western State University
College of Law, Fullerton, 1987
B.S.L. Western State
University College of Law,
Fullerton, 1985
Bar and Court Admissions
California Supreme Court
Professional Affiliations
Los Angeles County Bar
Association
California Police Chiefs
Association
California State Sheriffs'
Association
California Police Officers'
Association
(714)446-1400
Gregory P. Palmer joined the Law Offices of Jones & Mayer as a
Senior Associate in 1999. Prior to that, Mr. Palmer spent almost ten
years with the Law Offices of iNdayey Coble & Palmer. He has
extensive experience acting as a legal advisor to more than 100 chief's
of police and sheriffs throughout the State of California. In that
capacity, he has provided legal assistance in all aspects of operating a
police department. Mr. Palmer has represented Chiefs of Police in
more than three hundred disciplinary appeal hearings and arbitrations
with a ninety percent success rate. He has also handled several
disciplinary hearings involving firefighters and public works
employees. Mr. Palmer is experienced in bundling excessive force,
dishonesty, insubordination, off-duty criminal conduct, and other
matters. He has appeared in court on "Pitchess" motions hundreds of
times, and has prepared and argued a dozen appellate court writs
challenging improper trial court decisions on these motions. Mr.
Palmer has also briefed and argued approximately twenty
administrative writ petitions on discipline cases and AB 301 issues.
Prior to entering the practice of law, he was a police officer for ten
years in La Palma, California.
Mr. Palmer is also conversant in all aspects of the criminal prosecution
of city code enforcement cases. He has performed as the City
Prosecutor in two local cities and Assistant City Prosecutor in several
more cities. Mr. Palmer has developed unique expertise in prosecuting
sexunlly-oriented businesses, both criminally and by administratively
suspending or revoking city permits.
Mr. Palmer has handled several high profile cases. In 1997, he
prosecuted the First Southern Baptist Church and its pastor for illegally
housing the homeless on its grounds. This case gained national
notoriety and die city prevailed on appeal. He filed an injunctive action
and negotiated the final closure of the last remaining X-rated theater in
Orange County, Mr. Palmer has also assisted in municipal code
prosecutions arising out of the multi -department task force approach to
critical problem areas. In 1998, Mr. Palmer and fellow members on the
Buena Park Neighborhood Improvement Task Force were nominated
for the Orange County Human Relations Commission Community -
Oriented Policing Award.
Mr. Palmer has lectured at POST -approved programs, conferences, and
numerous police departments on topics such as civil liability, sexual
harassment, legal update, force, discipline, and "Pitchess" motions. He
has also lectured on topics related to city prosecutor functions to code
enforcement associations in Southern California and Texas. He is the
author of die 2012 revision of the CPOA's "Pitchess Motion Manual;
and in 2005 he was named the State Chair of the CPOA, Police Legal
Advisors Committee. Mr. Palmer is the instructor of the CPOA
Pitchess Motion Update and Public Records Act Classes.
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KATHYA M.
FIRLIK
Associate
Practice Areas
Litigation
Municipal Law
Transactional Law
Health and Safety Receiverships
Education
J.D., Whittier College School of Law,
Costa Mesa, CA 2007
B.A., Political Science, University of
California, Irvine, Irvine, CA 2003
Bar and Court Admissions
California Supreme Cour
United States District Court for the
Central District of California
Professional Affiliations
State Bar of California
(714)4,16-1400
Kathya M. Oliva is an associate in the law firm in Jones & Mayer. Ms.
Oliva serves as a deputy city attorney for the cities of Blythe, Costa
Mesa, Fullerton, La Habra, Westminster and Whittier. Her primary
areas of practice include municipal law, transactional law, health and
safety receiverships and civil litigation.
Ms. Oliva obtained a Bachelor of Ars from the University of
California, Irvine, in 2003. Thereafter, she obtained her Juris Doctorate
degree 0-om Whittier Law School in May 2007. She served as
President of the Hispanic American Law Student Association from
2005-2007 and was an active member of the Public Interest Law
Foundation from 2004-2007. She has been an associate with the law
offices of Jones & Mayer since 2008.
Ms. Oliva's duties include drafting and revising municipal code
sections, drafting and reviewing agreements, drifting and revising
receivership petitions, handling conflict of interest (PRA and 1090)
matters, response to California Public Records Act requests and
subpoenas, conducting personnel investigations, preparing legal
opinions and analysis on a variety of issues affecting public entities.
She also performs city prosecutorial duties.
Ms. Oliva is a member of the Los Angeles Bar Association and the
Orange County Bar Association.
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:' XIIN-11-1M
Associate
Practice Areas
Law Enforcement
Litigation
Transactional
Education
J.D., Whittier Law School,
2012
M.A., Education, Whittier
College, 2009
B.A. History, California
State University, Fullerton,
2005
Bar and Court Admissions
State Bar of California
Keith Collins joined Jones & Mayer in November of 2012,
focusing primarily on issues facing law enforcement
agencies. Prior to this he served as a law clerk at Jones &
Mayer during the summers of 2011 and 2012. Before
joining the Finn, Mr. Collins worked as a certified law clerk
at the Los Angeles County District Attorney's Office. Mr.
Collins also worked as a Law Clerk at the Whittier Special
Education Local Plan Area Office. He has experience in the
area of criminal prosecution, special education law,
litigation, and law enforcement. Mr. Collins' current duties
include instructing legal updates to law enforcement
personnel, conducting legal research, document review and
preparation, pretrial document preparation, analysis of
proposed ordinances, resolutions & contracts, and providing
support to each of Jones & Mayer's departments.
Mr. Collins received his Juris Doctorate at Whittier Law
School where he graduated in the top 6% of his class. He
served as an editor on Whittier Law Review, authored a
published article on free speech in public schools, and
competed as a member of the moot court honors board. Mr.
Collins has a single subject teaching credential, and teaches
legal classes to employees of law enforcement agencies
throughout California.
Mr. Collins is also highly involved and engaged in
providing pro bono legal assistance and volunteers his time
at the Orange County Public Law Center.
25H-26
JAMAAR M.
19121
WEATHERBY
Associate
Practice Areas
Labor & Employment
Litigation
Code Enforcement
)education
J.D. University of California,
Berkeley (Boalt Hall),
2003,
B.A. Cal Poly -Pomona, 2000
Bar and Court Admissions
California Supreme Court
United States District Court
for the Central Dishict of
California
United States District Court
for the Northern District of
California
(7t4)446-1400
Vlr. Boyd -Weatherby specializes in litigation, including
cases involving tort liability, contract disputes, labor and
employment law, and state and federal civil rights. IIe
serves as Deputy City Prosecutor. Mr. Boyd -Weatherby
also works on police litigation, Pitchess motions, internal
investigations, and appeals.
v[r. Boyd -Weatherby received his J.D. from the University
of California -Berkeley (Boalt Hall) and his B.A. in
philosophy from Cal Poly -Pomona.
He was admitted to the California Bar in 2004. Mr. Boyd -
Weatherby joined the firm in June of 2008.
He has also been named a California losing Star
Attorney in 2009 and 2010 in Super Lawyers
Southern magazine.
While working at Jones & Mayer as a City
Prosecutor and the Orange County Public
Defender's Office, he has had 33 jury trials and a
number of administrative and bench trials.
• Served as a trainer in the Lawyers Without Borders,
Liberia Project in 2010.
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