LOUNSBERY FERGUSON
ALTONA & PEAK LLP
960 Canterbury Place, Suite 300
Escondido, California 92025-3870
Telephone (760) 743-1201
Facsimile (760) 743-9926
www. LFAP . corn
JOHN W. W1TT
1932-2018
JILLD.S. MALAND
SENIOR COUNSEL
Direct: (760) 743-1226, ext. 109
Email: [email protected]
February 1, 2023
Sent Via Electronic Mail (cilyattorney@chulavistaca. gov) Glen R. Googins
City Attorney
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
RE: Response to Request for Proposals for Acting City Attorney Services Dear Glen:
Thank you for the opportunity to respond to the City ofChula Vista's Request for Proposals ("RFP") in connection with its search for an Acting City Attorney. Our firm is honored that you have requested our participation in the selection process and we are pleased to submit our proposal for the City's consideration.
Lounsbery Ferguson Altona & Peak is a locally-based firm with a long histoty of providing public agencies with a broad range of legal services, including general municipal law, CEQA, real property matters, public finance, elections, and contractual matters. In addition, we have a robust litigation practice, representing both public and private sector entities in various contractual and land use matters. We believe that this experience, along with my background serving as a Deputy City Attorney and Assistant City Attorney for Chula Vista, make this firm uniquely qualified to provide the requested legal services. In addition, we understand the financial challenges that municipalities face and we pride ourselves on providing excellent services at reasonable rates to help our clients meet those challenges.
Enclosed is our comprehensive proposal in response to the City's RFP. Under our proposal, I would serve as the Acting City Attorney. My recent tenure as the City's Assistant City Attorney afforded me in-depth knowledge of the City, its personnel, its systems and processes, and, particularly, the City Attorney's department. This familiarity with the City will decrease the cost and time that otherwise would be associated with this type of transition. It will allow me to easily engage with existing personnel and procedures, as well as to be ready for new challenges
LOUNSBERY FERGUSON ALTONA & PEAK LLP
Glen R. Googins
February 1, 2023
on day one. My primary back-up in the role would be Helen Holmes Peak, a founding partner of this firm who has assisted public agencies for more than three decades, and has sen'ed as the City Attorney of San Marcos since 1997. In addition, all members of the firm will be available to assist as-needed to best serve the City's needs.
Our proposal contemplates a hybrid fee approach. Under our proposed approach, I would spend 8 days per month on-site for a flat fee, with an hourly rate to be applied to other work. This approach is intended to help the City control its legal costs and to foster communication. Under our approach, my attendance at the weekly City Council meetings, as well as other meetings held on the on-site days, would be encompassed within the flat rate, regardless of the length of the meeting. In addition, being on-site will encourage communication with City Council members, City staff, and members of the City Attorney's department. We view this as critical to understanding the City's needs and providing legal assistance in an efficient manner. While we view this as an effective approach, we remain open to modifying it to best fit the City's needs and financial limitations.
We thank you for considering Lounsbery Ferguson Altona & Peak and are available to answer any questions you may have.
Sincerely,
-COU-NSB. ES.Y FERGUSON ALTONA & PEAK, LLP
Enclosure: Proposal to Provide Acting City Attorney Services to the City ofChula Vista Proposal to Provide Acting City Attorney
Services to the
CITY OF CHULA VISTA
February 1, 2023
960 Canterbury Place, Suite 300 ▪ Escondido, California 92025 Telephone (760) 743-1201 ▪ Facsimile (760) 743-9926 ▪ www.LFAP.com Proposal to Provide Acting City Attorney Services for the City of Chula Vista i
TABLE OF CONTENTS
I. FIRM AND ATTORNEY RESUMES ........................................................................ 1
A. THE FIRM ....................................................................................................... 2
B. THE ATTORNEYS .......................................................................................... 4
II. DESCRIPTION OF FIRM/ATTORNEY EXPERIENCE .......................................... 12
III. REFERENCES ...................................................................................................... 17
IV. APPROACH AND AVAILABILITY ........................................................................ 18
V. COMPENSATION SCHEDULE ............................................................................. 20
VI. MALPRACTICE INSURANCE............................................................................... 21
VII. CONFLICT OF INTEREST .................................................................................... 22
VIII. PRIOR SERVICES FOR THE CITY OF CHULA VISTA ........................................ 23
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 1 I. FIRM AND ATTORNEY RESUMES
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 2 A. THE FIRM
Founding Principles
In 1996, four attorneys separated from the large regional law firm of Higgs, Fletcher, and Mack to form their own firm. The firm was founded on principles of providing excellent, affordable legal services, and serving the surrounding community. The four founding partners are still with the firm today, evidencing their commitment and dedication to the practice, their clients, and each other . They are joined by a corps of senior associates, seasone d in the practice of municipal law. The firm continues to honor its core principles and prides itself on being nimble and capable of providing prompt, accurate, and thrifty response s to its clients’ needs. We have a culture of advising at a client’s site , in our offices , and remotely. We are proud that we have retained many of the same clie nts, including municipal entities, for the entirety of our existence as a firm.
Practice Areas
LFA&P o ffers advisory, transactional and litigation services in the fol lowing specialty areas:
• Municipal: provision of full-scale City Attorney services ; specialty co unsel s ervices in various a reas including election s matters, conf licts of interest, fee analyses, and ethics complaints
• Real Property: acquisition, developmen t, financing, lease disputes
• Land Use: general plan and zoning amendments, pr oject entitlements and development agreements
• Environmental: permitting, compliance and mitigation • Government Regulation: administrative actions
• Litigation: CEQA; eminent domain, construction, business , and contract disputes , legal fee analysis, boundary and easement disputes, class actions
• Labor and Employment: advisory and litigation
The firm’s attorneys have provided legal services to num erous public agencies. This work has included City Attorney serv ices for the City of San Marcos since 1992, and previously for the cities of Lemon Grove, San Diego, Escondido , and South Lake Tahoe. We have also pr ovided special cou nsel services to the cities of Calexico, Carlsbad, Chula Vi sta, Coronado, El Cajon, Encinitas, Imperial Beach , Lake Fore st,
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 3 La Mesa, Oceanside, Poway, San Diego, Santee, and Vista, and the County of San Diego, as well as other public agencies.
LFA&P is co mmitted to providing clien t satisfaction through efficient personal service and by finding creative and cost-effective solutions for its clients. The firm takes pride in matching or exceeding the level of service provided by larger, more expensive firms.
Community Support
Our focus is always on the best interes ts of clients. Yet, LFAP also takes time to be a good neighbor. Our attorneys have been longtime supporters of the Boys and Girls Clubs, the regional affiliates of the San Diego Fo undation, the Armed Services YMCA, and other local organizations. We will continue this work in accordance with the firm ’s founding principles.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 4 B. THE ATTORNEYS
If this firm is selecte d to provide the requested services, Jill Ma land would serv e as Acting City Attorney and Helen Holmes Peak would serve as Ms. Mal and’s back-up, if needed, to ensure continued and con sistent service for the City. In addition, several of the firm ’s attorneys would be availa ble to provide legal assistance, as appropriate , to best serve the City’s needs . The attorneys and their general practice areas are as follows:
Jill D.S. Maland General municipal l aw, public finance , conflicts of interest, ethics, elections, Public Records Act, Brown Act
Helen Holmes Peak General municipal law, land us e and CEQA, civil litigation, real estate and bu siness transa ctions, Br own Act, Public Records Act, ethics, post -Redevelopment
Dissolutions, code enforcement
Catherine Ferguson General municipal law, l and use , environmental law, CEQA, real estate matters, code enforcement
Chandra Kiamilev Business litigation, Brown A ct, First Amendment, employment law , insurance matters, property disputes , code enforcement
Richard Payne Civil litigation, employment law, insurance coverage, real estate and business transactions
Punam Parikh Prahalad General municipal law, land use and C EQA, civil litigation, municipal code violation s, planning, code
enforcement
Jacqueline Paterno General municipal law, housing, labor and employment
Other partners and associates of the firm who practice in the above specialty areas may be assigne d to City matters according to skill and experience , when and if thos e services are needed.
All members of th e firm are active members of the State Bar of California in good standing, and qualified to practice law in the state.
Summaries of qualifications for Ms. Maland, Ms. Peak, Ms. Fergu son, Mr. Kia milev, Mr. Payne, Ms. Prahalad, and Ms. Paterno are provided on the following pages.
To review the qualifications of any other LFAP attorneys, pl ease visit our website at:
www.LFAP.com.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 5 Jill D.S. Maland
Ms. Maland’s current practice focu ses on representing public se ctor clients. She has advised public entities on various matters in cluding the Brown Act, confl icts of interest, elections, land us e, environmental issues, rea l estate transact ions, public contracting, and municipal finance. Ms. Maland ’s public secto r clients have inc luded the c ities of Chula Vista, Cathedral City, Coronado, Imperial Beach, and Rancho Mirage, as well as San Diego Com munity Power. She currently serves as the Assistant City Attorney for the City of San Marcos . Before entering the public sector, Ms. Mala nd was in private practice handling complex civil litigat ion matters involving various land use, construction, environmental, and contractual issues.
Prior to joining Lounsbery Ferguson Altona & Peak, Ms. Maland was a staff attorney for the City of Chula Vista. Ms. Maland joined the C ity in 2004 as a Deputy Ci ty Attorney, and was promoted through the ranks, ultimately achieving the Ass istant City Attorney position whic h she held until her depart ure in 2021. During her time with the City , Ms. Maland provided legal services to multiple City departments , including: City Clerk, Finance, City Manager, Library, Information Technology, Economic Development, Parks and R ecreation, P ublic Works, and Sustainability. During h er tenure with the City , Ms. Maland also le d the legal advisory group and advised the Chula Vista Di stricting and Redistricting Commissions, the Charter Review Commission, the Mobil e Home Rent Review Co mmission, and the Otay Valley Regio nal Park Policy Committee. She also served as ba ck-up to the C ity Attorney , including advising the City Council and attending City Council meetings, as needed.
Ms. Maland rec eived an undergraduate degree in economics fr om the University of California at San Diego and a Juri s Doctor from California Western School of Law. She is a member of the California State Bar and is admitted to p ractice before the U nited States District Court for the Southern District of California. She is also a member of the City Attorneys Associatio n of San Diego, previously serving a s Secretary, and the Lawyers Club of San Diego. In addition, Ms . Maland is a B oard member for Teen Volunteers in Action and teaches civics through Junio r Achievemen t of S an Diego County.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 6 Helen Holmes Peak
Helen Holme s Peak practices in the area of muni cipal law and government relations.
She has represented numerou s public agencies in a variety of practice areas including, but not limited to, general m unicipal, re al est ate, land use, environmental, public contracting and employment law. Her special cou nsel work has included assisting the cities of La Mesa, Encinita s and Lemon Grove in employment an d personnel matters, the cities of Coronado, Imperial B each, Santee, Calexico, and others, in campaign finance and electio ns matters. Ms. Peak has assisted the C ity of Vista in interagency matters, and has worked on c onflict of interest , Public Records Act, Brown Act, litigation, and associated matters for va rious public agencies. In conn ection with her representation of pu blic agencies, Ms. Peak has participated in negotiations with a nd hearings before num erous local, state and federal regulatory and permitting agencies.
Her work has included consultation w ith various cities, redevelopme nt agencies and other entities conce rning the preparation and defense of enviro nmental review documents, including repres entation o f these entities in litigation re lating to land use and envir onmental issues. Ms. Peak served as Corporat ion Co unsel of the former Centre City Development Corpo ration in San Diego from 2001 to 2008. She currently serves as the contract City Attorney for San Marcos, a position she has held since 1997.
Ms. Peak rec eived an undergraduate degree in political sc ience from Stanford University and received her Juris D octor degree from McGeorge School of Law, University of the Pacific.
Ms. Peak has served on th e League of California Cities ’ Le gal Advocacy Commit tee (past Chair) and is currently a member of the Atto rney Development and Succession Committee of the League’s City Attorneys Department . She is also a member of the City Attorneys Association of San D iego (past President, 2x). Ms. Peak is a member of the C alifornia State Bar Assoc iation, the S an Diego Cou nty Ba r Association , and the U.S. Supreme Court Bar.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 7 Catherine Ferguson
Catherine Ferguson advise s clients on matters regarding real property and land use issues, environmental laws, and municipal matters. Her land use practice includes real property purchase and sale agreements, development agreements, commercial leasing, zoning regulations, projec t entitlements, easement issues, and civil litigation. Her environmental law practice includes due diligence re view, and environme ntal impact reports under CEQA. Her municipal law practice includes entitlements, development regulation, housing laws, and municipal code provisions.
Ms. Ferguson graduated from the University of San Diego School of Law in 2016 with a concentration in Pu blic Law. Prior to gradu ation, Ms. Ferguson interned at the Oceanside and San Die go City Attorney’s Offices, San Diego Coast keeper, and the USD Law Civil Law Clinic. Ms. Ferguson did her post -bar internship at Procopio Cory Hargreaves & Savitch in the Fam ily Law department assisting with cases involving real property disputes.
Ms. Ferguson is an active member of the State Bar of California Environmental Section and is admitted to practice before the United Stat es District Court for th e Southern District of California. Ms. Fergu son is also a member of the San Diego County Bar Association.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 8 Chandra Kiamilev
Chandra Kiamilev is a trial attorney with ov er 20 years of expe rience. Selected as a 2021 Super Lawyer, a distinction afforded the top 5% of attorneys nationwide, his practice focuses on representing individuals a nd entities before State and Federal Courts, as well as numerous administrative agencies throughout California.
Mr. Kiamilev practices in the are as of business litigation , business counseling, Brown Act violations, first amendment rights, defamation claims, employment law and counseling, insurance law, malicious prosecution, and property disputes.
Mr. Kiami lev graduated from the University of Cali fornia at San Diego with majors in Political Science and Economics , and a minor in Latin American Studies. Mr. Kiamilev received his Juris Doct orate from the Un iversity of Califo rnia, Hastings Co llege of the Law, where he was recognized as the school ’s top oral advocate. During law school, Mr. Kiamilev clerked for the Unit ed States Attorney’s Office as well as for the Hon.
Maxine Chesney of the United States Dis trict Court for th e Northern Distri ct of California.
Mr. Kiamilev began his career working for top-tier international law firms in Downtown Los Angeles and Century City. He moved to San Diego to join a large regional firm specializing in tri al work. Mr. Kiamilev is active in the San Dieg o Community and is a contributing member to the William D. Lynch Foundation for Children and supports local youth tennis and basketball programs.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 9 Jacqueline Paterno
Jacqueline Paterno practices in the areas of municipal law, land sales and acquisition, land use and development, and employment litigation.
Ms. Paterno r eceived her underg raduate degree from California State University, Long Beach, where she served as the Presid ent of the Speech and Debate team and was nationally recognized in collegiate debate tournaments. She graduated with a Ju ris Doctor from Californi a Western School o f Law, competing for her law school a s a member of t he Moot Court team and recognized as a Distinguished Advocate at California Western’s Appellate Competition. During law school, Jacqueline worked at a civil litigation firm focused on d isability rights a nd as a clinical intern at the Califo rnia Innocence Project.
Before j oining Lounsbery Ferg uson Altona & Peak, Jacqueline specialized in management side employment law, and wo rked on la rge research grants and community service -based contr acts at the San Di ego State University Research Foundation.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 10 Richard Payne
Richard Payne is a trial attorney with 25 years of experie nce. His practice focuses on representing individuals and business entities before State and Fed eral Courts, as well as numerous administrative agencies throughout California.
Mr. Payne practices in the are as of business litigation, contract disputes, construction law, mechanics liens, insurance coverage, business counseling, employment law and counseling, and property disputes.
Mr. Payne attended Oxford University, and the University of California, Santa Cruz, and received his undergraduate degre e from the San Francisco Art Institute . Mr. Payne received a Master of Fine Arts from Stanford University, and his Juris Doct orate from the University of California, Hastings College of the Law. During law school, Mr. Payne clerked for the San Francisco City Attorney, the Board of Immigration Appeals, and for the Hon. William Orrick of the United States Dis trict Court for th e Northern Distri ct of California.
Mr. Payne began his career working for top-tier international law firms in San Francisco.
He moved to San Diego to join a large regional firm sp ecializing in construction law and insurance coverage. Mr. Payne is admitted to practice in all California state courts, the United States District Courts for the Southern , Northern, Eastern, and Central Districts of California , the United States Court of Appeals for the Ninth C ircuit, and the U.S.
Supreme Court Bar. Mr. Payne is active in the San Di ego Community. He has taught Aikido locally since 2005 and is a fourth-degree black belt.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 11 Punam Parikh Prahalad
Punam Parikh Prahalad practices in the area of municipal law. She represents public agencies in a variety of practic e areas, includ ing gen eral mun icipal, land use, and environmental, a nd currently advises the San Marcos Planning Commission .
Ms. Prahalad has represented public agencies in CEQA litigation, general civil litigation, and in prosecuting municipal code violations.
Ms. Pra halad e arned a Bac helor of Science degree in Ci vil an d Environmental Engineering from the University of Cinci nnati in 1998 and worked as an engineer after graduating. In 2002 she earned her law degree from Tu lane Law School where she earned a certificate in Environmental Law. She has worked for the U .S. Environmental Protection Agency, the County of San Diego a nd the County of Orange. She has also taught a course in environmental law to public policy students in UC San Diego’s School of Global Policy & Strategy.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 12 III. DESCRIPTION OF FIRM/ATTORNEY EXPERIENCE
As requested in the City’s RFP, we have provided below a description of our firm and it s ab ility to serve as Acting City Attorney, including a descrip tion of the firm’s knowledge and expertise in relevant areas of municipal law.
Acting City Attorney Services
• Jill Maland has served as an Assistant City Attorney and/or Deputy City Attorney for numerous municipalities, including for nearly 17 years with the City of Chula Vista. She served as the back -up to the Chula Vista City Attorney for several years during her tenure there, which just ended in 2021. The length and breadth of her time in the Chula Vista City Attorney ’s department makes her particularly well-suited to serve as the Acting City Attorney. She is familiar wit h the City ’s internal processes a nd procedures, as well as many of th e current staff members. She worked close ly with many members of the City ’s current management team, including Ms. Ka chadoorian, Ms. Bigelow, Ms. Allen, Mr. Crockett, Ms. Chase, and Ms. Kurz. Ms. Maland served directly under the tutelage of Mr. Googins for approximately thirteen years , and worked alongside many of the current members of the City Attorn ey’s department, i ncluding Ms. Rogan, Ms. McClurg, Mr. McDonnell, Ms . Carnahan, Ms. Gall eher, Ms. Zeleniak, and Ms. Malv eaux. This familiarity with the City an d its personnel will allow Ms. Maland to step into the Acting City At torney role with a minimal learning curve, and with the benefit of established relationships.
Ms. Ma land is also pr epared for the ro le in terms of her knowledge and experience. During her tenure with the City of Chula Vista, she advised numerous City departments, including City Clerk, Finance, City Manager, Library, Information Technology, Economi c Development, Parks a nd Recreation, Pub lic Works, a nd Sustainability , and boards and commissions , including Chula Vista Districting and Redist ricting Commissions, the Charter Review Commission, the Mobile Home Rent Review Commission, the Planning Commission, and the Otay Valley Regional Park Po licy Committee. She also served as Mr. Googins ’ back- up and led the advisory group. She has also prov ided similar services to other cities, including, most recently, as the Assistant City Attorney for the City of San Marcos. She also previously practiced civil litigation in the areas of construction defect, contracts, and land use matters. This breadth of exp erience and extensive background with the City of Chula Vista make her uniquely qualified to serve as the City’s Acting City Attorney.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 13 General Municipal Law
• Jill Maland currently s erves as the Assistant City Attorney for the City of San Marcos. Prior to that, she served as the Assistant City Attorney for Chula Vist a, and Deputy City Attorney for the cities of Chula Vista, Cathedral C ity, and Rancho Mirage. She has also provided sp ecial counsel services to other public agencies. Her practice area s have included: the Brown Act, the Public Records Act, the Political Reform Act, elections law, public finance, conflicts of interest, staffing various boards and c ommissions, public contr acting, and general municipal governance. The firm is currently un der cont ract to provide general municipal law legal services to the City, with Ms. Maland as the lead attorney.
• Helen Holmes Peak has served as a City Attorney since 1997; prior to that time, she served as a Deputy and then Assistant City Attorney for sev eral years. Over the years, she has also served as s pecial counsel to a number of cities, agencies, an d special districts, and h as advised c ity councils, plannin g commissions, de velopment corporations, personnel commissions, and other boards and commissions. Areas of representation have inclu ded the Brown Act, the Public Re cords Act, the Political Reform Act, elections law, land use and development matters, and other subject matter areas relevant to cities.
• Punam Prahalad currently serves as a Deputy Cit y Attorney for the City of San Marcos, and advi ses their Planning C ommission. Prior to that, she served as a Deputy County Counsel for Orang e County. Her practice areas have included:
the Brown Act, the Public Records Act, advising planning commissions and assessment appeals boards, and ot her subject matter areas relevant t o cities and counties.
• Jacqueline Paterno currently serves as a Deput y City Attorney for the City of San Marcos. Her experience includes the Public Records Act , housing, and general municipal governance.
City Charters
• Ken Lounsbery chartered the City o f San Marcos in 1994 . Several San Diego cities followed suit, includin g Vista. The unions ch allenged the Vista charter which LFAP successfully defended, all the way to the California Supreme Court.
• Jill Maland was the legal advisor t o the City ’s Charter Review Commission for approximately 15 years. During that time , she p repared several Charter amendments that were ultimately adopted by the electora te, in cluding the provisions governing district elections.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 14 Elections
• Jill Maland advised on election matte rs during her tenure with the City. This work included draft ing ballot measures, prepar ing Impartial Analyses, and processing citizens ’ initiatives. Since leaving the City , she has continued advising on elections matters, including investigating and opinin g on alleged campaign violations.
Land Use and CEQA
• Helen Holmes Peak assists public agencies with respect to processing, issuing, and defending la nd use entitlements as well as environmental review matters .
She has worked on a wide range of land use a nd development matters, from single-family residential permittin g to s everal master -planned com munities, including the determination of the appropriate level of environmental review, and defending environmen tal review documents . She has prosecuted eminent domain matters on beh alf of public agencies and defended against inverse condemnation claims. Ms. Peak has represented public agencies on a number of litigation and potential lit igation matte rs relating to t he Clean Water Act and CERCLA. Her representation of clients has included appear ances before the Coastal Commission, Integrated Waste M anagement Board, California Commission on State Mandates, California State Wa ter Resources Control Board, Regional Water Quality Control Board – Region 9, County of Sa n Diego, and applicable committees of the California Legislature.
• Punam Prahalad currently works as a litigator assisting the City of San Marcos with respect to proc essing, issuing, and def ending land use entitlements as well as environmental review matters.
• Catherine Fer guson advises cli ents on matters regarding real prop erty purchase and s ale agreement s, State and local housing policy and law, development agreements, commercial leasing, zoni ng and general plan regulations, project entitlements, easement issues, and civil litigation. Her practice also includes due diligen ce review and envir onmental impact reports under CEQA.
Civil Litigation
• Jill Maland previously pr acticed civil litig ation, p rimarily handlin g matters involving construction disputes , contract issues, and land use matter s. In addition, she has overseen, and coordinated with, outside litigation counsel while serving as a deputy and assistant city attorney.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 15 • Helen Holmes Peak has defended munici palities in actions relating to development entitlements, CEQA challenges , exac tions and fees, Clean Water Act and CERCLA l itigation, the Public Records Act, the Brown Act , and other types of matters brou ght against cities. She has also pr osecuted civil c ode enforcement actions.
• Chandra Ki amilev has advised insuran ce companies on b ad faith issues and has defen ded the same in State an d Federal litigation. Mr. Kiamilev has extensive experience in all aspects of civil litigation and trial, with over 20 ye ars of experience. Mr. Kiamilev has served as first chair in jury trials, bench trials and arbitrations. Mr. Kiamilev has defended p ublic entities and has successful ly asserted immunity defenses.
• Richard Payne has extensive experience in all aspects of civil litigation and trial, including arbitration and mediation, with 25 years of experience. Mr. Payne has advised and prosecuted insurance companies on bad faith issues.
• Punam Prahalad has defended municipalities in actions relating to development entitlements and CEQA challenges , and has prosecuted a number of civil code enforcement actions.
Real Estate and Business Transactions
• Helen Holmes Peak has negotiated, drafted, and participated in the preparation of innumerable complex real estate and business transactions and associated documents, which include, but are not limited to, development agreements, disposition and development agreements, purchase a nd sale agreements, financing documents, easements, licenses, covenants, and goods and services agreements. She has participated in a number of transactions involving the Surplus Land Act.
• Jill Maland has experience drafting and imp lementing purchase and sale agreements, handling various finance matters, and analy zing issues unde r the Surplus Land Act.
• Punam Prahalad has experience drafti ng and negotiat ing various real e state documents.
• Jacqueline Paterno has analyzed issues and interacted with HCD s taff wit h respect to Surpl us Land Act transactions and has participated in real estate purchase and sale transactions.
• Catherine Ferg uson has experience drafting an d negotiating real estate transaction documents including purchase and s ale agree ments, leases, licenses, easement agreements, and CC&Rs.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 16 Public Finance
• Jill Maland has provided her municipal clie nts with public finance se rvices, including ad vising on the appr opriate procedures for implementing fees and taxes, drafting ball ot measures for proposed taxes, and advising on fee collection, Proposition 218, and other related matters. The firm is currently under contract to provi de public finance legal services to the City, with Ms. Maland as the lead attorney.
Legal Services Support
In addition to the above attorneys, th e firm is supported by e xtremely experienced staff. Lauri Hinchcliffe is an experienced pa ralegal who has served as the firm’s Office Manager for 27 ye ars. She previously served as an assistant to bond counsel, having participated in a number of significant bond issues , and continues to coordinate and compile bond documents and opinions. Elisa Moreno is a Senior Legal Secretary specializing in Civil Litigation. She has 22 years of exper ience as a Legal Assistant and has been wit h the firm since 2020. Ms. Hinchcliffe and Ms. Moreno , together with other support staff, provide a depth of knowledge, experience, and dedication that allows the firm and its attorneys to perform efficiently and effectively.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 17 III. REFERENCES
1. Jack Griffin
City Manager
City of San Marcos
1 Civic Center Drive
San Marcos, California 92069
760-744-1050
The firm has provided City Attorney services to the C ity of San Marcos continuously for the past 30 years. This work has enco mpassed all are as of municipal law services, including advising on Public Re cords A ct, Brown Act, Political Reform Act, land use, CEQA, finance, elections, real estate, and related issues, as well as providing litigation services.
2. Jennifer Ekblad
City Clerk
City of Coronado
1825 Strand Way
Coronado, California 92118
619-522-7321
The firm has provided s pecialty counsel services to the City of Coronad o over th e past seve ral years, including elections services since 2012 . Most recently, this work has involved advising the City Clerk on elections matters and alleged campaign finance violations.
3. Jacqueline M. Kelly
City Clerk
City of Imperial Beach
825 Imperial Beach Boulevard
Imperial Beach, California 91932
(619) 423-8616
The firm has provided spec ialty counsel services to the City of Imperial Beach over the past several years . Most rec ently, this wo rk has involved advising on various elections matter s, from 2018 through the 2022 elect ion cycles.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 18 IV. APPROACH AND AVAILABILITY
Our firm strives to pr ovide the highest quality of legal services, while being mindful of the limitations surrounding public resources and the responsibility associated with serving the public good. We are co mmitted to provid ing unbiased legal advice, supporting the efficient delivery of City services, and ensuring that the City’s actions are legally compliant.
We recognize that the Act ing City A ttorney role is unique and wil l require a n approach that honors the emp loyees, sy stems, and contractual relationships that the City a lready has in place. We view it primarily as a stewardship position, with the appointee be ing responsible for managing the City’s exi sting legal resource s and delivering the highest quality leg al services until the next elected City Attorney takes office. We also acknowledge the importance of the r ole and are prepared to embrace and implement any new policy direction that the Council may take, and handle any new challenges that may arise, pending the election. Our approach in this position would be to work closely with the City’s current team of attorneys to provide them with the support and d irection needed to allow them to continue delivering stellar legal services . This would include spendi ng time in the office on a re gular basis to help foster intera ction and easy communication with t hose within the department, as well as oth er staff members.
To the extent additional legal assistance is needed, b eyond what c an be provided by City Attorney staff and the Acting City Attorney, we would coordinate with City Attorney staff to determine the best solu tion. This would include identifying the scope of services needed , any specialty skills required, and the capacity of the existing staff and the Acting City At torney to handle any p ortion of the work . We would then work closely with City Attorney staff to identify firms under contract w ith the City that have the capacity and expertise to handle the work and, if so, which would be the most appropriate to utilize. This would all be done with an eye to providing the City with high- quality legal services, in the most efficient and cost-effective manner.
Once a new City Attorney is elected, we will work with that official to transition the work. This would include providing briefings on the status of ongoing litigation, advisory matters, and other projects. We would also provide all relevant background information and documents in order to ensure that the role can be transitioned as se amlessly as possible. Finally, if desired by the new City Attorney, w e would make ourselves available for a period of time after he or she takes office to assist with the transition.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 19 As the Acting City Attorney, Ms. Maland w ould attend all City Council meetings, and would be available to meet with members of City Management, the City Attorney’s Department, and other City staff, as needed. She would also work on-site in the City Attorney’s office on a regular basis, with the specific days and hours to be determined in consultation with City Attorney staff and City Management. In addition, Ms. Peak would also be available to provide City Attorney services if Ms. Maland is unavailable or when the City would best be served by Ms. Peak’s expertise in a particular area.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 20 V. COMPENSATION SCHEDULE
The City ’s Proposal offers a unique oppo rtunity and adeptly seeks a unique compensation approach. We recognize th at Mr. Googins ’ departure will leave a significant void at the City, not th e least of which will be his physical depar ture.
Accordingly, we propose th at Ms. Maland spend at least eigh t full business days per month on-site at City offices.
It is anticipated that this on-site presence would generally occur every Tuesday and one other day during the w eek. However, it could vary depending on City needs .
For example, in a week with a City Council meeting and a City Council workshop, Ms. Maland would be there on T uesday, throug h the c onclusion of the City Council meeting, and on Thursday, through the conclusion of the workshop. Another week may have no City Council meeting sc heduled, but may have com mission meeting s on Wednesday and T hursday, in which case Ms. Maland would be a t the Ci ty all day on Wednesday and Thursday, through the conclusion of the commission meetings.
There may be weeks that require more of a presence and those when there is a reduced need for such a presence. Ms. Maland would work with City Mana gement and City Attorney department staff to determine the best schedule each month. For this on- site time, including attendance at City Council meetings and other meetings during the on-site days, we would charge a flat monthly fee. For work performed outside of these days, or by other members of the f irm, we would charge an hourly fee. The hourly fees proposed have been reduced from the amounts in our current contract with the City, in acknowledgement of the anticipated vo lume of work ass ociated with the Acting City Attorney role. The proposed rates are as follows:
On-Site Time
8 Days Per Month: $18,500 per month
[Includes 8 days per month on -site during business hours, including attendance at City Council mee tings and other meetings held on those days.]
Hourly Rates
Acting City Attorney/Partner: $235
Associates: $190
Paralegals: $100
[To be charged for work performed by the Acting City Atto rney, other than during on-site days, and by other firm members.]
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 21 VI. MALPRACTICE INSURANCE
The firm carries professional liability coverage through Greenwich Insurance Company.
The current policy covers the period September 15, 2022 through September 15, 2023.
It is a “claims-made” policy with $2,000,000 coverage per attorney and in the aggregate.
This coverage will be increased to $4,000,000 aggr egate if the City awards the Acting City Attorney services contract to the firm.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 22 VII. CONFLICT OF INTEREST
The firm currentl y is un der contract wit h the City to provide general muni cipal legal services. Accordingly, we conducted a diligent conflicts check prior to commencing that work in September 2022 and did not ident ify any conflicts. We are no t aware of any actual or potential conflicts of interests should this firm be selected to represent the City as a result of the City’s RFP.
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 23 VIII. PRIOR SERVICES FOR THE
CITY OF CHULA VISTA
1. Jill Maland previously worked as a Deputy C ity Attorney (2004-2009) and Assistant City Attorney (2009-2021) for the City of Chula Vista. During that time, she provided a n array of legal ser vices in virtually all areas o f m unicipal la w, including municipal fi nance, land use, electio ns, contracting, Brown Act, Public Record Act, districting and redistric ting, Charter interpretation and amendment, and general mu nicipal go vernance. She currentl y provides special counsel services to the City on a variety of matters, on an as-needed basis.
2. The Firm has pro vided services to the City of C hula Vista on the following matters:
a. Growth Management Ordinance: Authored City ’s first Grow th Management Ordinance and saw it through to adoption (1990-91) b. Alleged Violation of City ’s Campaign Finance Code: Investigated the complaint, issued findings, and made recommendations (2006) c. Prop G: Prepared Impartial Analysis for ballot measure, adopted in 2010 (2010)
d. Special Counsel Services: Advised on a variety of municipal legal matters (2011-2015)
e. Prop C : Advised on all matters pertaining to implementation of Proposition C (2012)
f. Board of Ethics : Served as legal advi sor to the City ’s Board of Ethics (2015)
g. Ethics Complaints: investigated and advised o n e thics complaints (Bartlett; Guerrero) (2018)
h. Cannabis Dispensary Cha llenges: Defended City against challenges to denials of cannabis dispensary licenses (CV Amalgamated; UL Chula Two LLC) (2020)