Grover Beach City Council
January 8, 2024

Agenda Item No. 4

CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 8, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Assistant City Manager
SUBJECT: Approval of Professional Services Agreement for City Attorney Services

RECOMMENDATION
Approve the Professional Services Agreement with Lozano Smith, Attorneys at Law, for City Attorney and Assistant City Attorney services.

BACKGROUND:

City Attorney David Hale was appointed by the Council on October 3, 2016 and has served in that role since. Assistant City Attorney Molly Thurmond was appointed by the Council on July 23, 2018.

In September of 2023, City Attorney Hale announced that he would retire as of January 31, 2024.

On October 1, 2023, the City issued a Request for Proposals for City Attorney Services from full service firms. The City received three proposals from qualified firms and the Council conducted interviews of the proposing firms at a December 11, 2023 Special Meeting. During closed session, the Council directed staff to engage in negotiations with Lozano Smith, Attorneys at Law (Lozano Smith). Staff successfully negotiated an Agreement with Lozano Smith, seen in Attachment 1.

The agreement is set for a three-year term with two possible one-year extensions.

Lozano Smith is a limited legal practice based in California with an office in San Luis Obispo. The firm represents over 600 public agencies in California and has extensive experience advising small and mid-sized cities. The firm has proposed Robert Lomeli, who works out of the San Luis Obispo office, to serve as City Attorney and Jennifer Thompson and Mary Lerner as Assistant City Attorneys. The firm’s and attorney’s qualifications may be seen in Attachment 2, Lozano Smith proposal.

FISCAL IMPACT
The cost of City Attorney services is included in the City’s operating budget. The cost of services will be based on the hourly rate structure, included in Attachment 1, Exhibit B.

ALTERNATIVES
The Council has the following alternatives to consider:

1. Approve the Professional Services Agreement with Lozano Smith, Attorneys at law, for City Attorney and Assistant City Attorney services; or

2. Provide alternative direction to staff.

Staff Report: Approval of Professional Services Agreement for City Attorney Services Page 2 January 8, 2024

PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.

ATTACHMENTS

1. Professional Services Agreement

2. Lozano Smith Proposal
{MDK/00015570.}

CITY OF GROVER BEACH AGREEMENT

FOR CITY ATTORNEY SERVICES
This Agreement is effective February 1, 2024, by and between the City of Grover Beach (hereinafter called “City”), and Lozano Smith, LLP (hereinafter called “Attorney”).

RECITALS

1. City desires to engage Attorney as City Attorney of the City of Grover Beach, pursuant to the authority set forth in applicable state law and the City of Grover Beach Municipal Code; and

2. The City and Attorney desire to set forth in this Agreement the terms, conditions, and benefits of such engagement; and

3. Attorney desires to accept engagement as City Attorney as set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

SECTION 1. DUTIES AND FIRM STATUS
City hereby retains Attorney as City Attorney to perform such functions and duties and to provide legal advice and perform legal services for the City consistent with the role of a City Attorney and as specified in the California Government Code and in the Grover Beach Municipal Code and as the City Council shall from time to time assign. Attorney shall serve as the City Attorney and as General Counsel to the City’s Successor Agency and Financing Authority. Other members of the Attorney’s firm or associated firms may be called upon to provide legal services in a role of Special Counsel to the City under the supervision and direction of Attorney, as necessary, all under the terms of this Agreement.

SECTION 2. TERM
The term of this Agreement shall be for three (3) years, with two possible one-year extensions as approved by Council.

SECTION 3. COMPENSATION
A. Billing Rates
All legal services included in Exhibit A (Scope of Work), including those generally understood within the field of municipal law to fall within the work of “general counsel” work, shall be billed at the rates included in Exhibit B (Professional Rate Schedule).

B. Billable time includes reviewing materials, drafting letters and pleadings, research, telephone calls, consultations, depositions and appearances in court (including waiting for the case to be called), and any other time required to represent the City in each matter. 1 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248 Attachment 1 Agreement: Grover Beach City Attorney Services

C. Statements
Statements are rendered monthly and are due and payable within 30 days of the statement date. Attorney shall have the right to discontinue rendering services to the City for nonpayment of fees, which will be considered a breach of this Agreement by the City.

SECTION 4. CONFIDENTIALITY AND ABSENCE OF CONFLICTS
An attorney-client relationship requires mutual trust between the client and the attorney.

It is understood that communications exclusively between counsel and the client are confidential and protected by the attorney-client privilege.

To also assure mutuality of trust, Attorney maintains a conflict of interest index. The California Rules of Professional Conduct defines whether a past or present relationship with any party prevents Attorney from representing City. Similarly, City will be included in Attorney's list of clients to ensure it complies with the Rules of Professional Conduct.

Attorney warrants that no conflict exists with the firm's current representation of other public entities and private clients. Based on that check, Attorney has determined that it can provide legal services as City Attorney for the City of Grover Beach.

Attorney agrees to scrupulously avoid performing services for any party or entering into any contractual or other relationship with any party which might create a conflict with the rendering of services under this Agreement. Attorney shall immediately inform City of any conflict of interest or potential conflict of interest which may arise during the term of this Agreement by virtue of any past, present, or prospective act or omission of Attorney.

SECTION 5. TERMINATION
A. In the event City terminates this Agreement and discharges Attorney from its engagement hereunder, for no reason or for any reason, except as set forth in Section 6 of this Agreement, City shall pay to Attorney an amount equal to three (3) months of average billable amount prior to the time of termination.

B. City may discharge Attorney at any time subject to a ten (10)-day written notice and the provisions of Section 5.A. above. If at the time of withdrawal or discharge, Attorney is representing City in any proceeding, the City will sign a Substitution of Attorney form immediately upon receipt of such a form from Attorney.

C. In the event Attorney terminates this Agreement, the severance payment set forth in Section 5.A. above shall not be paid to Attorney unless Attorney’s resignation is based upon the City’s breach of this Agreement.
2 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248 Agreement: Grover Beach City Attorney Services

D. Notwithstanding the above, Attorney may withdraw from representation at any time as permitted under the Rules of Professional Conduct of the State Bar of California with thirty (30)-day written notice to City.

E. Notwithstanding the withdrawal or discharge of Attorney, City will remain obligated to pay at the agreed rate for all services already provided and to reimburse Attorney for all costs advanced before the withdrawal or discharge related to work performed in litigation matters under Sections 2.B. above.

SECTION 6. TERMINATION FOR CAUSE
In the event the City terminates this Agreement and discharges Attorney because Attorney has breached this Agreement in a manner material to the performance of Attorney’s duties under this Agreement which shall include, but not be limited to, dishonesty, malfeasance, misfeasance, nonfeasance, misrepresentation, negligence, conviction of any felony or conviction of any misdemeanor involving moral turpitude or incapacity due to injury or illness (physical or mental), then the City shall not be obligated to pay Attorney the average billable amount for three (3) months prior to the termination as set out in section 5.A. of this Agreement SECTION 7. OTHER TERMS AND CONDITIONS OF AGREEMENT
A. The City Council, with mutual consent of Attorney, may amend or add any such other terms and conditions of engagement as it may determine from time to time, relating to the performance of Attorney.

B. City agrees that Attorney shall have a lien on any and all sums recovered or received by Attorney on City’s behalf, for payment of any fees owing and/or any unreimbursed costs advanced for City.

C. City and Attorney agree that in the event of a dispute between the parties concerning this Agreement, the prevailing party in arbitration or other legal proceeding will be entitled to recovery of reasonable attorney’s fees and costs from the other party.

D. Attorney agrees to coordinate the services to be provided with City to the extent required by the City Council. Attorney agrees to take direction on assignments and to coordinate priorities related to work assignments with the City Manager.

SECTION 8. PERFORMANCE EVALUATION
A. The City Council shall review and evaluate the performance of Attorney at least once annually commencing one (1) year from the effective date of this Agreement. Said review and evaluation shall be in accordance with specific criteria developed jointly by City and Attorney. Said criteria may be added to or deleted from as the City Council may from time to time determine, in consultation with City Attorney. Further, City shall provide Attorney with a 3 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248 Agreement: Grover Beach City Attorney Services

summary written statement of the findings of the City Council and provide an adequate opportunity for Attorney to discuss its evaluation with the City Council.

B. Annually, commencing on the effective date of this Agreement, the City Council and City Attorney shall define such goals and performance objectives that they jointly determine necessary for the proper operation of the City and attainment of the City Council’s policy and objectives, and shall further establish a relative priority among those various goals and objectives, said goals and objectives shall be reduced to writing.

C. In effecting the provisions of this Section, the City Council and Attorney mutually agree to abide by the provisions of applicable laws.

SECTION 9. NOTICES
Notices pursuant to this Agreement shall be given by deposit in the United States Postal Service, postage prepaid, as follows:

CITY: Mr. Matthew Bronson
City Manager
City of Grover Beach
154 S. 8th Street
Grover Beach, CA 93433
[email protected]
ATTORNEY: Robert A. Lomeli
Lozano Smith, LLP
733 Marsh Street, Suite 200
San Luis Obispo, CA 93401
[email protected]
Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as applicable to civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service.

SECTION 10. DOMICILE OF ATTORNEY
City understands and acknowledges that Attorney may purchase, rent, lease, or otherwise obtain a domicile or residence outside the city limits of City. City shall not require Attorney during the term of this Agreement to move his domicile into the city limits of the City. Nor shall the Attorney’s failure to move his domicile into the city limits of the City be grounds for the City to terminate this Agreement for cause or otherwise.
4 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248 Agreement: Grover Beach City Attorney Services

SECTION 11. INSURANCE
Attorney agrees to carry professional liability and errors and omissions insurance with a limit that provides coverage as required by the laws of the State of California.

SECTION 12. GENERAL PROVISIONS
A. The text herein shall constitute the entire agreement between the parties. There are no oral agreements or understandings or any other written agreements which directly or indirectly affect the terms and conditions of this Agreement.

B. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

C. No addition, modification, amendment, or deletion to this Agreement shall be valid unless it is in writing and executed by the parties to this Agreement.

D. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Attorney.

E. City and Attorney agree that the construction and interpretation of this Agreement and the rights and duties of City and Attorney hereunder shall be governed by the laws of the State of California.

F. Attorney shall act as an independent contractor in providing the services described in this Agreement. Attorney shall be solely responsible for the supervision, payment and protection of its agents, employees, experts or consultants, if any, and furnish the services in Attorney’s own manner and method. In no respect shall Attorney, its agents, employees, experts or consultants, if any, be considered employees of City.

G. Attorney agrees to comply with all federal, state and local laws, rules, and regulations, now or hereafter in force, pertaining to the services performed pursuant to this Agreement.

H. Venue for any proceeding under this Agreement shall be in the County of San Luis Obispo, California.

I. Attorney agrees to comply with all applicable fair employment and equal opportunity practices and not to discriminate against any applicants or employees of Attorney because of their membership in a protected class.
5 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248 Agreement: Grover Beach City Attorney Services

[Signature block to follow]
6 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248 Agreement: Grover Beach City Attorney Services

IN WITNESS WHEREOF, the City of Grover Beach has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and Attorney has signed and executed this Agreement the day and year first above written.

CITY OF GROVER BEACH
By:

Karen Bright, Mayor

LOZANO SMITH, LLP
By:_______________________________________
Karen M. Rezendes, Managing Partner
ATTEST:
_________________________________
Wendi Sims, City Clerk
7 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248

EXHIBIT A

SCOPE OF WORK
GENERAL LEGAL SERVICES:
• On-site office hours
• Advise the City Council, Commissions and City officials on legal matters pertaining to municipal government, including the Brown Act and parliamentary procedures for running meetings.
• Review meeting agendas and attend all City Council and Planning Commission meetings, and other meetings as requested.
• On a monthly basis, provide a written status report of assigned projects, requests and litigation in order to keep the City Council informed of important legal issues and to facilitate the City Council’s periodic evaluation of the City Attorney. • Provide legal advice as requested by the City Manager. • Provide and/or review all ordinances, resolutions, municipal contracts, joint powers agreements, and other agreements and contracts entered into by the City. • Alert the City in a timely manner on new State or Federal legislation or judicial decisions that may impact the City and propose appropriate action(s) to assure compliance. • Enforce City codes, zoning regulations, and building standards through administrative and judicial actions.
• Routine legal work pertaining to land use issues pertaining to property acquisitions, property disposals, public improvements and easements.
• Attend staff meetings at the request of the City Manager and provide designated office hours or times of availability at City Hall as requested by the City. • Promptly respond to calls, e-mails, and correspondence from City Council, City Manager and staff.
• Review current documents, policies, and forms to ensure compliance to current laws. • General inquiries and discussion without a need for substantive research or formal opinion letters.
• Provide up-to-date information on water law, utilities, rates and distribution issues.

SPECIAL LEGAL SERVICES:
• Guidance on personnel, labor relations and employment matters and related hearings, including PERB hearings, arbitrations, fact-finding hearings, disciplinary hearings and grievances hearings.
• All litigation matters.
• Successor agency matters.
• Bond counsel and specialized finance or tax services. • Commence and prosecute criminal actions necessary to enforce municipal ordinances. • Coordinate and monitor the work of special legal counsel as needed and directed by the City Council or City Manager.
• Complex land use, land acquisition, CEQA and environmental matters. • Water law matters, including rates, distribution, environmental and procedural issues. • Other matters requiring special expertise and mutually agreed upon with the City. 8 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248

PROFESSIONAL RATE SCHEDULE

FOR CITY OF GROVER BEACH

HOURLY PROFESSIONAL RATES FOR BASIC LEGAL SERVICES
Attorney $ 275 per hour
Law Clerk/Paralegal $ 200 per hour

HOURLY PROFESSIONAL RATES FOR SPECIAL LEGAL SERVICES
Specialized Legal Services
Attorney $300 - $395 per hour*
Law Clerk/Paralegal $200 per hour
* Rates for individual attorneys within each category above vary based upon years of experience.

2. BILLING PRACTICE
Lozano Smith will provide a monthly, itemized Statement for services rendered. Time billed is broken into 1/10 (.10) hour increments, allowing for maximum efficiency in the use of attorney time. Invoices will clearly indicate the department or individuals for whom services were rendered.

Written responses to audit letter inquiries will be charged to Client on an hourly basis, with the minimum charge for such responses equaling .5 hours. Travel time shall be prorated if the assigned attorney travels for two or more clients on the same trip.

3. COSTS AND EXPENSES
In-office copying/electronic communication printing $ 0.25 per page Facsimile $ 0.25 per page
Postage Actual Usage
Mileage IRS Standard Rate
Other costs, such as messenger, meals, and lodging shall be charged on an actual and necessary basis.

Exhibit B -Professional Rate Schedule
9 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248 Andy J. Garcia
Executive Director E-mail: [email protected]
Limited Liability Partnership
One Capitol Mall, Suite 640 Sacramento, CA 95814 Tel 916.329.7433 Fax 916.329.9050 2001 North Main St., Suite 500 Walnut Creek, CA 94596 Tel 925.953.1620 Fax 925.953.1625 7404 North Spalding Fresno, CA 93720 Tel 559.431.5600 Fax 559.261.9366 4 Lower Ragsdale Dr., Suite 200 Monterey, CA 93940 Tel 831.646.1501 Fax 831.646.1801 4900 California Avenue, Tower B, Suite 210 Bakersfield, CA 93309 Tel 661.271.1012 Fax 661.271.1013 733 Marsh Street, Suite 200 San Luis Obispo, CA 93401 Tel 805.471.7080 Fax 805.930.1031 515 S. Figueroa St., Suite 750 Los Angeles, CA 90071 Tel 213.929.1066 Fax 213.929.1077 4660 La Jolla Village Drive, Suite 825 San Diego, CA 92122 Tel 858.909.9002 Fax 858.909.9022 November 15, 2023
Kristin Eriksson
Assistant City Manager
154 S. 8th Street
Grover Beach, CA 93433
Re: Request for Proposal for City Attorney Services
Dear Ms. Eriksson:

Lozano Smith, LLP is pleased to respond to the City of Grover Beach’s Request for Proposals (RFP) for City Attorney Services. Lozano Smith is a California-based law firm. As outlined in the proposal, we look forward to the opportunity to provide high quality and timely legal services to the City.

Our firm’s collective expertise in municipal law and experienced legal staff are positioned to meet the City’s expectations in the delivery of legal services. Attorneys from our Central Coast and Fresno offices will partner with you to ensure our culture of collaboration brings substantial benefits and cost-savings to your City. Currently representing over 600 public agencies in California, we have experience advising small and mid-sized cities in an innovative and cost-effective manner.

The primary attorney contact for purposes of this RFP is Robert Lomeli, attorney in our San Luis Obispo office. Robert’s contact information includes:
• Address: 733 Marsh Street, Suite 200 San Luis Obispo, CA 93401 • Phone: 805.471.7080
• Email: [email protected]
We look forward to further discussing how we can serve the City of Grover Beach.

Respectfully submitted,

LOZANO SMITH, LLP
Andy J. Garcia
Executive Director
AJG/dsm
Enclosure
Attachment 2
Submitted by Lozano Smith
Robert A. Lomeli, Attorney at Law
[email protected]
733 Marsh Street, Suite 200
San Luis Obispo, CA 93401
805.471.7080
November 15, 2023

PROPOSAL PREPARED FOR
City of Grover Beach
Sacramento | Walnut Creek | Fresno | Monterey | Bakersfield | San Luis Obispo | Los Angeles | San Diego LozanoSmith.com California’s Premier Public Agency Law Firm Table of Contents
SECTION 1 - EXECUTIVE SUMMARY
Firm Overview................................................................................................................................................1 General Municipal Law Advisory....................................................................................................................1 Commitment to Diversity, Equity and Inclusion (DEI) – Nationally Recognized.............................................2 Diversity by the Numbers..............................................................................................................................2 Client-Centered Billing Practices and Collaborative Practice Model..............................................................2 Blue Hat Project – Lozano Smith Foundation ...............................................................................................3 SECTION 2 – COMPANY BACKGROUND
Firm Overview................................................................................................................................................4 Office Location Serving the City of Grover Beach..........................................................................................4 Financial Stability and Standing with the CA Secretary of State ....................................................................4 SECTION 3 – COMPANY QUALIFICATIONS
City of Grover Beach Legal Team...................................................................................................................4 General City Support - Overview ...................................................................................................................6 Real Property and Eminent Domain ..............................................................................................................7 Public Contracting/Public Works...................................................................................................................8 Public Utility Issues; Including Solid Waste and Water................................................................................10 Environmental and CEQA Compliance.........................................................................................................10 Labor and Employment Law........................................................................................................................12 Enforcement of City Codes..........................................................................................................................14 Litigation Counsel .......................................................................................................................................15 Police Department.......................................................................................................................................18 Additional Information ................................................................................................................................18 State Bar Association ...................................................................................................................................19 Office Serving the City of Grover Beach.......................................................................................................19 Administrative Contact and Response Time ................................................................................................19 Meeting Dates and Schedule for Proposed Lead Attorney..........................................................................20 Current Litigation.........................................................................................................................................20 Billing and Invoices ......................................................................................................................................20 Technology Resources.................................................................................................................................21 Conflicts of Interest .....................................................................................................................................21 SECTION 4 - REFERENCES
References...................................................................................................................................................21 SECTION 5 – PRICING
Overview......................................................................................................................................................23 SECTION 6 – EXCEPTIONS TO AGREEMENT
Overview .....................................................................................................................................................24

APPENDIX
Attorney Bios
Professional Rate Schedule
LozanoSmith.com California’s Premier Public Agency Law Firm 1 Section 1 - Executive Summary
Firm Overview
Currently representing over 600 public agencies of all types in the State of California, our attorneys understand the intricacies and range of ever-changing laws affecting municipalities. The firm's Municipal Practice Group is comprised of attorneys who have served in city attorney, county counsel, and general counsel capacities for many years, gathering a wealth of knowledge and understanding of client needs.

General Municipal Law Advisory
Lozano Smith is a full-service municipal law firm with a focus on problem resolution. We regularly send Client News Briefs to ensure your Council members, executives and staff are current on all legal issues.

We advise cities, including Councilmembers, executives, general staff and, as needed, interface with third parties and the public on a daily basis.

For example, we current serve the following municipalities as city attorney:
 City of Chowchilla
 City of Clovis
 City of Dos Palos
 City of Fowler
 City of Greenfield
 City of Hollister
 City of Lemoore
 City of Reedley
We also serve as legal counsel to many other cities, counties and special districts, including for example:
 Branciforte Fire Protection District
 Central Coast Blue Regional Recycled
Water Authority
 City of Los Angeles
 County of Los Angeles
 County of Madera
 City of Sacramento
 Santa Ynez Community Services District
Areas Of Practice
To best meet the needs and ensure the ongoing success of its clients, Lozano Smith's Municipal Practice Group provides advice in all areas of law affecting cities, and provides specialized services to all of the firm's public agency clients in the following areas:
 Open Meeting Laws/Brown Act
 Records Request/Public Records Act
 Conflicts of Interest and Ethics
 Fees, Taxes & Assessments
 Claims Against Public Agencies
 Employment/Personnel and Collective
Bargaining for Public Agencies
 Land Use and CEQA
 Construction Advice and Litigation
 Public Safety
 Police and Fire
 Code Enforcement
 Americans with Disabilities Act
 Intergovernmental Relations
 Elections, Redistricting and Voting Rights
Act
 Public Agency Formation, Organization
and Reorganization
 Public Financing/Tax Exempt Bonds
 Economic development
LozanoSmith.com California’s Premier Public Agency Law Firm 2 In addition, Lozano Smith assists clients with:
 Land use and planning law
 Real estate law
 FPPC regulations
 Environmental Law (i.e., water, hazardous
waste and municipal waste )
 The Subdivision Map Act
 Elections law
 Contract law
 Municipal tort law
 Public contracts and franchises
 Parliamentary procedure
 Litigation experience
 Processing misdemeanor violations
 PUC Proceedings
 Joint Powers Shared Services Agreements
 Eminent Domain
Commitment to Diversity, Equity and Inclusion (DEI) – Nationally Recognized We value diversity and the strength and perspective fostered by bringing together people of different backgrounds and experiences. As an illustration of the Firm’s commitment and focus on diversity, equity and inclusion, Lozano Smith has consistently ranked in the top three in Law 360’s nationwide rankings since 2020.

Lozano Smith ranked 1st overall in Law 360’s 2022 Glass Ceiling Report, a data-driven review of female attorney representation at law firms, and 3rd overall in the 2022 Diversity Snapshot. These rankings reflect the 101-250 attorney category. In 2022, Lozano Smith topped Law 360’s nationwide rankings, including:
 1st in diversity amongst its equity partnership
 1st in gender equity amongst its nonequity partnership  Top 5 throughout several other diversity and equity categories Diversity by the Numbers
Lozano Smith firmly believes that our strength, quality, and growth is directly attributable to the diversity of our entire team. We are a team of people who look, speak, think, believe, and move differently than one another, but share a common purpose: providing exceptional legal services to all of our clients. We believe that inclusion is first actively seeing, welcoming, embracing, and celebrating our differences. It is then ensuring that all employees have meaningful opportunities to advance and grow in the firm.

We want everyone on our team to feel supported, respected, and included. Our recent statistics include:
 66% of all employees identify as female
 59% of attorneys identify as female
 50% of partners identify as female
 45% of employees identify as a person of color
 37% of attorneys identify as a person of color
 33% of partners identify as a person of color
Client-Centered Billing Practices and Collaborative Practice Model Our existing and proposed rates are competitive with leading public agency law firms offering similar services. In addition, it is important to know that our bills reflect time actually spent on legal work. We bill in 1/10 (.10) hour increments as compared to the common industry practice of billing in minimum increments of either 2/10 (.20) or 3/10 (.30) hour increments regardless of actual time spent. Moreover, LozanoSmith.com California’s Premier Public Agency Law Firm 3 the culture of our firm encourages our attorneys to collaborate with each other which consistently results in saving time and money for our clients. With our statewide practice, we often see trends and ways to avoid significant legal issues to the benefit of our clients.

Sample Resources – Keeping Clients Current on Legal Developments  New Law Going into Effect January 1, 2024, Restricts Municipal Regulations on Delivery of Medicinal Cannabis (News Brief)
 California Supreme Court Issues Long-Awaited Decision in California Voting Rights Act Challenge (News Brief)
 Episode 64 Much Ado About ADUs (Podcast)
 Brown Act Handbook (Publication)
 Government Claims Handbook (Publication)
Blue Hat Project – Lozano Smith Foundation
Lozano Smith’s signature Blue Hat Project symbolizes our team’s hands-on pledge and desire to engage in our communities. With involvement by more than 200 Lozano Smith employees, we have assembled and distributed hygiene kits, held blanket drives, volunteered at food banks and invested in our communities through a variety of partner projects. We are proud to be more than a law firm and give back to many who need it most. We invite you to learn more at http://lozanosmithfoundation.org/.

LozanoSmith.com California’s Premier Public Agency Law Firm 4 Section 2 - Company Background
Firm Overview
The firm's roots in the public sector run deep. Lozano Smith, LLP was formed in 1988 and has grown to our present size of 114 attorneys (196 total employees across) eight statewide offices.

Lozano Smith has represented numerous public agencies through nearly all legal issues imaginable. We have represented both small and large public agencies ranging in populations of under ten thousand to over several million. Lozano Smith currently serves more than 600 public agencies.

Office Locations
 San Luis Obispo
 Sacramento
 Fresno (Also Administrative
Headquarters)
 Bakersfield
 Monterey
 Walnut Creek
 Los Angeles
 San Diego
Office Location Serving the City of Grover Beach
The City of Grover Beach would be served by a team of attorneys primarily from our San Luis Obispo office. Attorneys from our Fresno and Monterey offices would also provide counsel and services.

Financial Stability and Standing with the CA Secretary of State Lozano Smith has been providing counsel to public agencies since 1988. The firm continues to maintain financial stability and is in good standing with the CA Secretary of State.

Section 3 - Company Qualifications
City Of Grover Beach Legal Team
Robert Lomeli has been designated as the proposed City Attorney. Jennifer Thompson and Mary Lerner would serve as Assistant City Attorneys and backup attorneys to Mr. Lomeli. We also work in teams in order to bring all the firm’s resources to benefit our clients and provide cost effective services. Lozano Smith is proud to augment its municipal law practitioners with the following:

Robert A. Lomeli is an Associate in Lozano Smith's San Luis Obispo Office. Mr. Lomeli primarily serves municipal clients with a focus on public meetings and governance, contracts, investigations and labor negotiations, and works tirelessly to obtain advantageous outcomes for his clients. Mr. Lomeli is experienced in labor negotiations, and has led collective bargaining for clients, including drafting and revising contracts, working to reach tentative agreements, negotiating amendments to grievance/employee discipline procedures, and working with analysts to determine costing for proposed bargaining requests. Mr. Lomeli has prior experience in public entity negotiations, police investigations, and working with Sheriffs' offices, and utilizes that valuable experience to benefit his clients in all areas. Mr. Lomeli has also served as an adjunct professor at the Monterey College of Law - San Luis Obispo Branch for the past four years.

LozanoSmith.com California’s Premier Public Agency Law Firm 5 Mary F. Lerner is a Partner in Lozano Smith's Fresno and Monterey offices and serves as co-chair of the firm's Municipal Practice Group. Ms. Lerner is also a member of the firm's Facilities and Business, Governance, and Labor and Employment Practice Groups. Ms.

Lerner advises clients regarding a wide-range of issues affecting public agencies. Ms.

Lerner's practice is focused on personnel matters, finances, development, CEQA, LAFCO, the Brown Act, board governance, sustainable groundwater agencies, elections, code enforcement, First Amendment issues, labor negotiations, and public safety. Ms. Lerner is general counsel for public agency clients throughout California. In addition, she assists clients in defense of issues related to the Americans with Disabilities Act.

Jennifer P. Thompson is Senior Counsel in Lozano Smith's San Luis Obispo office. She is an experienced government professional with years of experience managing city departments. She has extensive experience in municipal finance and utilities operations.

Ms. Thompson frequently assists clients with public agency procurement issues, including request for proposals and all types of contracts. She counsels her clients on all types of development matters including affordable housing issues and development agreements.

In addition, she performs investigations on a wide variety of issues. She also supports her clients by advising on board policies, City ordinances, and the California Voting Rights Act.

Kevin F. Serrano is an Associate in Lozano Smith's Monterey office. He serves public agencies through legal representation in a wide variety of facilities and business issues. He also provides counsel on key governance issues, including for example, Brown Act, Public Records Act, and conflicts. Mr. Serrano has experience in civil litigation and public service.

He is highly skilled in overseeing all facets of case management, compiling detailed reports, documentation, interviews, and briefs to ensure effective strategic planning and presentation.

Robert Lomeli Mary Lerner Jennifer
Thompson
Kevin Serrano
Employment at
Lozano Smith
1 year 7 years 2 years 1.5 years
Specialization /
Practice Areas
Labor &
Employment;
Municipal;
Governance
Labor & Employment;
Facilities & Business;
Governance; Municipal;
Investigations
Labor &
Employment,
Facilities &
Business
Municipal,
Governance
Municipal,
Facilities &
Business
Legal Training J.D., San Luis
Obispo College of
Law
J.D., San Joaquin College
of Law
J.D., San Luis
Obispo College of
Law
J.D., California
Western
School of Law
Honors &
Affiliations
Member of the
State Bar of
California
Member of the State
Bar of California, League
of California Cities
Member of the
State Bar of
California
Member of the
State Bar of
California
LozanoSmith.com California’s Premier Public Agency Law Firm 6 California Bar 6/21/2020 4/9/2005 6/7/2019 6/4/2019
Years of
Practice
2020-Present 2005-Present 2019-Present 2019-Present
General City Support - Overview

ATTENDANCE AT CITY COUNCIL MEETINGS
This is a critical element of our comprehensive representation of your city. Our attorneys attend public agency meetings on a daily basis, both to participate and to ensure compliance with open meetings laws.

In addition, we routinely attend a wide-range of committee meetings, including ad hoc committees, successor agency oversight boards, citizen oversight committees, budget committees, community advisory committees, and joint committees with other public agencies.

BROWN ACT
We routinely provide advice regarding the open meeting requirements of the Ralph M. Brown Act. The firm also publishes an annual Brown Act Handbook and related materials available at no cost for clients to use in understanding and complying with the Brown Act.

CLIENT

EXPERIENCE
We have successfully defended Brown Act suits at the trial and appellate levels. For example, Duval v. Board of Trustees 93 Cal.App.4th 902 established the principle that a legislative body may conduct comprehensive personnel evaluations in closed session, including a discussion of evaluation criteria and setting goals for future performance.

PUBLIC RECORDS ACT
We routinely handle Public Records Act requests. Our attorneys and paralegals routinely deal with complex issues such as requests for salary or personnel information, electronic documents, and documents related to closed-session meetings or pending litigation. All Lozano Smith attorneys are well versed in the Public Records Act, and they remain abreast of recent legislation and case law.

POLITICAL REFORM ACT, CONFLICTS OF INTEREST
We regularly train and advise public agencies, including City Councilmembers, regarding a wide range of conflicts of interest and ethics issues. Our attorneys are well versed in:
 The Political Reform Act;
 Government Code section 1090; and
 The common law doctrine of conflicts of interest.

ELECTIONS
We frequently advise public agencies on public officials’ obligations to disclose their economic interests, to abstain from participating in governmental decisions that can have a material effect on their economic interests, and to properly disclose potential conflicts at public meetings.

LozanoSmith.com California’s Premier Public Agency Law Firm 7 When it comes to elections and political issues, we offer in-depth experience and practical options. The firm’s attorneys advise on the proper conduct of both candidate elections and ballot measure elections, and conduct training for public agencies on many election-related topics. A frequent topic is the proper use of governmental resources and facilities during elections. We provide practical guidance on issues such as:
 Assisting City officials and City Councilmembers with all election factors;  Timing and conducting of elections, including special elections;  Manage conversion to district elections;
 Defend California Voters Rights Act challenges;
 Election contests and voter registration issues;
 Public agency involvement in ballot measure elections;  Restrictions on the use of agency computers, telephones, and media for political purposes;  Political activity by staff and third parties;
 Proper use of facilities for political activity;
 Guidelines for mass mailings sent at public expense;
 Lobbying and campaign finance regulations; and
 Recall actions, including defense and oversight of the dual election process.

Real Property and Eminent Domain
Lozano Smith has extensive experience in all aspects of property acquisition, including reviewing, drafting and negotiating sophisticated real property transactions. These transactions have included negotiated purchases, real property exchanges with both private and public entities, acquisition through developer agreements, and eminent domain. We also have represented numerous public agencies in public property sale and leases, as well as joint use agreements. Our attorneys are very familiar with issues concerning entitlements, easements, dedications, title and survey matters and real property due diligence.

ECONOMIC DEVELOPMENT, REAL ESTATE & HOUSING
Lozano Smith attorneys have drafted numerous Development Agreements, Real Estate transactions without regulatory elements, Owner Participation Agreements, Disposition and Development Agreements, Affordable Housing Agreements, and special district/civic center transactions. In addition, our attorneys are experienced with matters involving urban renewal, economic development, and Community Development Block Grant Programs. Prior to ABx1 26 and the demise of redevelopment agencies, Lozano Smith advised multiple redevelopment agencies and now is providing legal advice to several oversight boards and successor agencies.

LAND USE AND ZONING
Lozano Smith attorneys are particularly skilled at preparing complex land use transactions, statutory development agreements, parcel and subdivision map agreements, general plan and zoning legislation, and developer fee agreements and implementation. Lozano Smith has negotiated easement agreements involving roads, access, utilities, and other issues; in addition to preparing and negotiating leases, LozanoSmith.com California’s Premier Public Agency Law Firm 8 including long-term and short-term facilities space leases, ground leases, tenant improvement agreements and licenses. When necessary, the firm has assisted public agencies in obtaining property rights through eminent domain proceedings.

Public Contracting/Public Works
Since the firm’s inception, our attorneys have advised public agencies on the myriad of legal issues presented by the procurement of services, equipment and materials. Our attorneys are experienced in prevailing wage and public bidding requirements as they relate to special districts and municipalities. The firm’s statewide presence and internal sharing of information serves our clients and results in cost savings to them.

More than half of the attorneys on our staff manage business transactions each day, giving us the depth of experience to successfully review and advise our clients on these types of transactions. Specific areas in which we regularly provide advice and counsel include:
 Legislative and judicial actions/decisions;
 Contracts (general);
 Capital Improvement Projects (construction contracts, including bidding, award and defense);  Bid challenges;
 Easements;
 Deeds of trust and Leases;
 Ordinances and Resolutions;
 Notices and Dispositions; and
 Property acquisitions.

FRANCHISING ISSUES
Lozano Smith attorneys have extensive experience in preparing solid waste franchise agreements for many municipal clients, and advising on franchise services and rate issues associated with solid waste services. Lozano Smith attorneys have advised on cable TV issues involving the Digital Infrastructure and Video Competition Act (DIVCA), and helped with preparing the JPA between Fresno and Clovis that operates jointly designated Public, Educational, and Government (PEG) provider, and the related agreement with Community Media Access Collaborative (CMAC) to manage and administer the programming and services for the PEG channels.

Construction Advice and Litigation
Lozano Smith's Construction Advice and Litigation (CAL) attorneys provide timely, cost-sensitive, and industry-leading legal services related to public works projects of all kinds. We assist clients with project planning, contract documents, and bid issues at the beginning of a project; project management, disputes, and change orders during a project; and completion, payment, claims, and litigation at project closeout.

LozanoSmith.com California’s Premier Public Agency Law Firm 9 Our dispute resolution and litigation expertise ranges from standard (extra work, delay, and stop payment notice claims) to complex (contractor defaults, surety disputes, and false claims). We have also successfully represented clients in disputes with construction consultant (architects and construction managers) and in construction defect litigation.

Lozano Smith has advised and represented public entities in California on virtually all aspects of public works since the firm's inception more than 30 years ago. We focus on helping our clients avoid costly delays and costs by proactively identifying, avoiding, and addressing potential claims whenever possible, while protecting the client’s interests and preparing for litigation in the event disputes cannot be resolved. In addition, our CAL attorneys give many well respected presentations and in-services every year throughout the state regarding construction issues.

REPRESENTATIVE CASES AND PROJECTS
 City of Antioch – $16 million water treatment plant expansion project – Lozano Smith attorney obtained a $1.2 million settlement from the engineer and equipment provider related to an inadequate dewatering system. At the engineer’s recommendation, the City agreed to include a sludge dewatering system, but it was not properly tested or designed for the water treatment plant’s footprint.
 City of Milpitas – $40 million new City Hall construction – Lozano Smith attorney provided legal advice to the City’s management team that took over this multiple-prime project mid-stream after the City’s construction manager had to be terminated due to extraordinary delays. A Lozano Smith attorney assisted City staff to take over management of the project and re-start the work, including mid-project mediation with the architect over design flaws. He also resolved disputes with contractors during the project and preserved the City’s rights for other postcompletion claims exceeding $2 million.  City of San Leandro – After significant delays occurred on this $15 million library expansion and retrofit due to contractor mistakes, design defects, and construction management errors, one of our attorneys provided advice to the City so that the project could move forward as expeditiously as possible, while preserving the City’s rights for a substantial number of claims at the end of the project, including contractor claims and City claims for liquidated damages.  City of Galt – $5 million new police facility – The contractor filed for bankruptcy at the mid-point of the project, thus a Lozano Smith attorney obtained permission from the bankruptcy court to terminate the contract and demand that the surety complete the project. A Lozano Smith attorney had to negotiate with the surety regarding a takeover agreement.  City of Clovis – $28 million surface water treatment plant project – Lozano Smith attorney recovered $4.8 million settlement from the engineer and filter provider related to insufficient LozanoSmith.com California’s Premier Public Agency Law Firm 10 water production. The filters had failed to perform as required by the contract’s specifications, and an inadequate number of filters had been included in the design.

Public Utility Issues; Including Solid Waste and Water
Our firm has assisted clients throughout the State to craft regulations that are sound and recommend the best approach for them to best serve the water needs of their constituents. Lozano Smith attorneys have handled other cases under Comprehensive Environmental Response, Compensation and Liability Act and assisted clients in navigating the Resource Conservation and Recovery Act. In addition, Lozano Smith attorneys have represented clients in cases involving groundwater contamination, petroleum tank leaks, air quality boards, the State Water Resources Control Board, and perchloroethylene (dry cleaning chemical known as PERC). Our attorneys are also experienced in working with the unique challenges facing Groundwater Sustainability Agencies, including the Arroyo Seco Groundwater Sustainability Agency.

Environmental and CEQA Compliance
Lozano Smith’s attorneys have extensive experience assisting clients with issues relating to the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA) and other environmental laws. The firm frequently advises public agencies regarding how they may best navigate CEQA procedures and avoid challenges, and review environmental documents for clients prior to their adoption. If a dispute does arise, we often called upon to negotiate a resolution or defend legal challenges.

Lozano Smith's attorneys have also assisted in assessing options for energy related contracts, including energy management consultant agreements, renewable energy projects, and contracts for energy conservation retrofits, and have also advised on identifying and maximizing funding sources for such contracts. This work has included negotiations of a number of power purchase agreements and other high-value contracts for the installation of solar photovoltaic facilities.

REPRESENTATIVE CEQA CASES
Case Name Court Case No.

Save Our Crossroads Center v. City of Clovis, et
al.

Fresno County Superior Court 03CECG01576
Paulek v. City of Moreno Valley, et al. Riverside County Superior Court RIC151967 Consolidated Irrigation District v. City of Sanger Fresno County Superior Court 13CECG03007 County of Lassen v. City of Susanville Lassen County Superior Court 34687 Heritage Fresno v. City of Fresno/RDA Fresno County Superior Court 06CECG00162 LozanoSmith.com California’s Premier Public Agency Law Firm 11 Vagim v. Fresno RDA Fresno County Superior Court 06CECG01795 Consolidated Irrigation District v. City of Parlier Fresno County Superior Court 09CECG04072 City of Greenfield v. Jake’s Dream Investors LP Monterey County Superior Court M102611 Consolidated Irrigation District v. City of Parlier Fresno County Superior Court 10CECG03477 Huntington Beach Union High School District, et
al. v. County of Orange
Orange County Superior Court 741299
Eastside Union High School District v. City of
San Jose
Santa Clara County Superior
Court
CV743694
Save San Mateo High School!, et al. v. San
Mateo Union High School District
San Mateo County Superior
Court
418415
Huntington Beach Union High School District, et
al. v. County of Orange
Orange County Superior Court 741299
Watsonville Wetlands Watch v. Pajaro Valley
Unified School District
California Court of Appeal, Sixth
Appellate District
H020282
Watsonville Wetlands Watch v. PVUSD Santa Cruz Superior Court 134587 Neighborhood Alliance to Save Old Hoover
School, et al. v. San Jose Unified School District
Santa Clara County Superior
Court
CV749716
Friends of Moraga Canyon v. City of Piedmont Alameda County Superior Court RG12611028 Behrens Neighborhood Association v. Albany
Unified School District
Contra Costa County Superior
Court
CIV/MSN07-
1267
City of El Cerrito v. Albany Unified School
District
Contra Costa County Superior
Court
N07-1266
Western Placer Unified School District v. City of
Lincoln
Placer County Superior Court SCV0032309
LozanoSmith.com California’s Premier Public Agency Law Firm 12 Labor and Employment Law
A significant portion of our firm’s resources is dedicated to employment counseling, employment litigation, and administrative proceedings. Our attorneys are recognized experts at the state and national levels.

We have broad experience assisting clients in preventing, investigating, and litigating claims of sexual harassment and all forms of employment discrimination, and our advocacy has been sought in a number of sensitive, high-profile cases. Our attorneys have argued appellate court personnel cases, including in cases before the California Supreme Court. We have also represented public agencies in proceedings before a variety of administrative agencies, including the Equal Employment Opportunity Commission (EEOC), the Civil Rights Department (CRD), and the California Public Employment Relations Board (PERB).

We have devised and implemented a process to assist staff in reviewing requests for accommodation from employees and returning injured employees to work. We are familiar with the workers' compensation law process and have specific expertise in the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and related state law. Our attorneys have experience assisting clients with the Public Safety Officers Procedural Bill of Rights (POBR) and the Firefighters Procedural Bill of Rights Act (FOBR).

We have represented and defended public sector employers in matters involving all of the following state and federal labor laws:
 Title VII of the Civil Rights Act of 1964
 The Equal Pay Act of 1963 (EPA)
 The Age Discrimination in Employment Act of 1967 (ADEA)  Title I and Title V of the Americans with Disabilities Act of 1990 (ADA)  The Civil Rights Act of 1991
 Unruh Civil Rights Act
 The California Fair Employment and Housing Act
Other areas in which we have expertise and training include:
 Drafting of Disciplinary Charges
 Due Process Hearings
 Employee Discipline and Termination
 Employee Evaluation
 Family and Medical Leave Laws
(FMLA/CFRA)
 Grievances
 Harassment and Discrimination
Investigations
 Labor Negotiations
 Management and Employee Contracts
 Military Leave
 Personnel Policies
 Pre-Employment Screening
 Recruitment and Hiring
 Sexual Harassment/Retaliation
 Whistle Blower Statutes
LozanoSmith.com California’s Premier Public Agency Law Firm 13

EMPLOYEE DISCIPLINE AND DISMISSAL
Lozano Smith is well qualified and experienced to provide legal assistance on virtually any personnel issue affecting represented and unrepresented employees. We assist in preparing documents that are legally compliant, effective and comply with applicable collective bargaining agreements. The firm’s attorneys are recognized experts on employment issues and are known for cooperatively negotiating creative solutions to employee discipline and dismissal actions.

COLLECTIVE BARGAINING/MEYERS-MILIAS-BROWN ACT
We have experience representing various public agencies in negotiations. We sit as lead negotiators and provide a full range of services regarding labor negotiations and have expertise in guiding clients through impasse, fact-finding and preparations for concerted activities. We provide advice that is driven by the legal, political and financial realities of the client. For many of our clients, we conduct union negotiations. For others, we advise personnel who conduct negotiations. In addition, the firm has substantial experience handling grievances, arbitrations, and unfair labor practice proceedings.

INVESTIGATIVE SERVICES
Lozano Smith’s Investigations Practice Group is comprised of more than 20 attorneys with expertise in many areas, including the following:
 Unlawful Discrimination
 Conflict of Interest
 Employee Misconduct
 Financial Fraud
 Retaliation
 Sexual Harassment
 Training for Administration Team
 Unlawful Discrimination
 Violations of Policy or Performance
Standards
Our team recognizes the challenges that come with investigating complaints filed by and against public employees. Whether questions relate to Fourth Amendment privacy rights, Weingarten rights, Lybarger warnings, or the Peace Officers Bill of Rights, we know that it is important for your investigators to be trained and experienced in the unique issues that may arise for a public agency.

CLIENT

EXPERIENCE
Lozano Smith attorneys have worked with the following public agencies, for example: City of Sacramento, Sacramento Regional Fire/EMS Communications Center, City of Ventura, and County of Los Angeles.

AMERICANS WITH DISABILITIES ACT
Real experience is indispensable when attorneys are called upon to defend claims under the Americans with Disabilities Act and/or California's Disabled Person's Act. The attorneys at Lozano Smith are truly experts in this area, having represented numerous public agencies in avoiding claims by assuring they are in compliance with the multitude of disability laws as well as in defense of some of the largest ADA claims throughout the country. We routinely advise our clients related to compliance with the various disability laws, including:

LozanoSmith.com California’s Premier Public Agency Law Firm 14  Architectural barriers and accessibility elements in areas including parking, paths of travel, restroom facilities, guest rooms and pool access
 Communication and service barriers including the lack of auxiliary aids and services like Telecommunications Relay Services (TRS), speech outputs, close captioning and Braille signage, or accommodating service animals
 Programmatic barriers that prevent disabled individuals from full and equal access, services and accommodations, including inadequate policies, procedures and training programs for staff  Barriers at the planning stage of any potential program and/or project  Modification of contractual protection and coverage, where available, to assure all possible protections are afforded to our public entity clients by any retained consultants and/or contractors
Our approach to disability claims is also somewhat unique; each claim is analyzed independently to identify not only the potential risk and expense, but also to develop a plan for resolving the matter as expeditiously and efficiently as possible. Although our attorneys have litigated countless disability lawsuits through state and federal courts, they are also adept at directing matters towards structured negotiations either prior to or after the suit has been filed. These options allow us to assure that our clients' interests are advanced, whether they be minimizing risk and expense of litigation or aggressively defending against a frivolous claim.

Enforcement Of City Codes
Lozano Smith attorneys provide code enforcement for all of its municipal clients. Lozano Smith attorneys work with staff at all stages of code enforcement, from the drafting of initial violation notices through administrative, civil, and criminal enforcement. Attorneys in the firm’s Municipal Practice Group are experts in drafting nuisance, abatement, and cost recovery ordinances. Our attorneys have assisted many municipal clients develop creative solutions for addressing nuisance behaviors at parks and other public facilities. Our team of experienced municipal attorneys have reviewed and updated city ordinances relating to abatement, hearing procedures, and cost recovery.

MUNICIPAL CODE REVIEW & REVISION
Our proposed team has revised numerous cities’ municipal codes. We begin by completing a thorough review of the existing municipal code to find old and superseded law. We then work closely with the executive team, including the City Manager and department heads (with input from various boards and commissions as appropriate) to discuss and determine what changes the City wants. These changes are adopted into the newly revised Municipal Code, which is then presented to the City Manager and City Council for their review and approval, in whole or in part.

ORDINANCE AND RESOLUTION DRAFTING
Lozano Smith attorneys have extensive experience drafting City ordinances and resolutions. Examples of the firm’s experience with these matters include:
 Marijuana Ordinance. Lozano Smith attorneys successfully navigated the conflicting federal and state laws governing medical and adult use of marijuana by preparing ordinances adopted in LozanoSmith.com California’s Premier Public Agency Law Firm 15 cities such as Clovis, Reedley, Parlier, Coalinga, Lemoore, Fowler and Firebaugh. Lozano Smith attorneys work closely with cities to develop unique solutions for their community. We have helped cities that choose to prohibit marijuana except to the extent allowed by state law, and we have helped cities open up commercial marijuana operations and implement local taxes to address the public safety and regulatory requirements associated with such marijuana operations.
 Adult Business Ordinance. Lozano Smith attorneys drafted defensible adult business ordinances for the Cities of Clovis, Reedley, and Firebaugh. To date, these cities have had no challenges and currently have no adult businesses operating within their limits.  Rent Control Ordinance. Working with property owners and mobile home park residents, Lozano Smith attorneys rewrote the City of Clovis Mobile Home Park Rent Control Ordinance and the City of Pomona’s mobile home rent control ordinance. Prior to the rewriting of the ordinance, the City was constantly involved in litigation over its existing ordinance. In addition, attorneys for the firm won a constitutional due process law case before the California Supreme Court arising out of the City’s previous rent control ordinance.

In addition, the firm’s attorneys have provided advice and assisted with implementation of cost recovery programs, programs for neighborhood preservation, abatement of nuisances, and removal of abandoned motor vehicles. Our attorneys are experienced with administrative inspection and abatement warrants; parking, traffic, and speed laws; and impounding of vehicles. We also review and provide advice regarding Memoranda of Understanding (MOUs) with other agencies, such as tax sharing MOUs with the County.

Litigation Counsel
The Litigation Practice Group works in partnership with clients, regularly communicating the status of their case, with an eye towards cost containment and ensuring they're timely informed about the progress of their case. As part of their overall case management, we investigate insurance coverage and the viability of indemnity claims to help pay for litigation costs and defray client expenses. Lozano Smith's Litigation attorneys also support and proactively encourage clients to consider alternative dispute resolution (ADR) procedures in appropriate cases. The firm is experienced and well versed in various forms of ADR, including arbitration, mediation and both informal and formal settlement conferences.

Lozano Smith attorneys are disciplined in compliance with client case-management requirements, including:
 Preparation of Administrative Records;
 Preparation of Written Briefs and Motions;
 Specialized Public Agency Litigation, including Administrative Hearings, Writs of Mandate, Validation Actions;
 Successful Advocacy Before all California Courts, Including the California Supreme Court and Ninth Circuit Court of Appeals;
 Preparation of Initial Case Evaluations and Budgets;
LozanoSmith.com California’s Premier Public Agency Law Firm 16  Preparation of Discovery Plans;
 Preparation of Case Updates;
 Monitoring of Case Budgets;
 Oral and Written Presentations to Client Senior Administration and Elected Officials; and  Electronic Discovery.

GENERAL TORT DEFENSE
Our attorneys have in-depth knowledge of the California Tort Claims Act (Act) and have navigated the intricate and complex requirements and time lines that can afford or deprive public entities of important legal defenses. They are well versed in the contours of public entity and public employee liability under both common law tort principles and statute, and the various immunities that protect government agencies and employees.

In addition to liability for employees’ acts, we aggressively defend the interests of public agencies in the following, most common forms of statutory liability:
 An independent contractor’s tortious act or omission “to the same extent that the public entity would be subject to such liability if it were a private person.” (Gov. Code, § 815.4.)  A public entity’s breach of a “mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury . . . unless the public entity establishes that it exercised reasonable diligence to discharge the duty.” (Gov. Code, § 815.6.)  Injury caused by a dangerous condition on the public entity’s property. (Gov. Code, § 835.) Lozano Smith attorneys diligently use the Act to prevent a plaintiff who does not comply with the Act’s requirements from successfully bringing a legal action.

REPRESENTATIVE CASES IN VARIOUS AREAS REQUESTED IN THE PROPOSAL Lozano Smith’s Litigation Practice Group offers its clients a long history of dedicated and successful representation. Sample cases, including those handled by current Lozano Smith attorneys prior to their employment at Lozano Smith, are included throughout the proposal. For example:
 Leonard Avila v. City of Los Angeles, et al. 9th Circuit Court of Appeal, Case No. 12-55931 where Lozano Smith successfully defended the City of Los Angeles and Los Angeles Police Department in an employment case. Following testimony, Lozano Smith asked the judge to dismiss certain claims because the officer had not introduced sufficient evidence. The judge agreed in part, and the jury was only asked to consider the officer's claims concerning retaliation under the FLSA and due process violations. The jury's verdict was a good one for the City and the LAPD, because they prevailed on the due process claim.
 Tipton-Whittingham v. City of Los Angeles 34 Cal.4th 604. The case involved a class action on behalf of women officers and civilian employees of the LAPD who claimed to have been subjected to discrimination on the basis of gender and race. Following settlement, an issue arose as to whether plaintiffs could obtain attorneys’ fees of approximately $1.7 million. A Lozano Smith attorney assisted in developing arguments and drafting briefs to the California Supreme Court LozanoSmith.com California’s Premier Public Agency Law Firm 17 that resulted in a decision placing significant limitations on the ability of plaintiffs to obtain attorneys’ fees from public entities under a catalyst theory. The decision established law that absent a judicially recognized change in the legal relationship of the parties, a plaintiff seeking attorneys’ fees bears the burden to “establish that (1) the lawsuit was a catalyst motivating the defendants to provide the primary relief sought; (2) that the lawsuit had merit and achieved its catalytic effect by threat of victory, not by dint of nuisance and threat of expense…; and (3) that the plaintiffs reasonably attempted to settle the litigation prior to filing the lawsuit.” The Supreme Court also ruled that attorneys’ fees “may not be obtained, generally speaking, by merely causing the acceleration of the issuance of government regulations or remedial measures, when the process of issuing those regulations or undertaking those measures was ongoing at the time the litigation was filed.”
 Campos v. City of Clovis et al., Fresno Sup. Ct., Case No. 11CECG02541. Plaintiff police officer filed suit against the City of Clovis alleging causes of action for disability discrimination, race discrimination, and retaliation. The Court granted the City’s motion for summary adjudication of issues, resulting in the dismissal of the causes of action for race discrimination and retaliation. In January 2013, trial commenced for the remaining cause of action. Following the testimony of the first witness (Police Chief), Plaintiff asked for a break in the proceedings to engage in settlement discussions, which he had refused to do at any point pre-trial. We negotiated a nominal settlement that included Plaintiff’s resignation from employment with the City.  Carter v. City of Clovis et al., Fresno Sup. Ct., Case No. 11CECG03941 MWS. Plaintiff police officer filed a lawsuit against the City, a Police Captain, and a Police Sergeant alleging causes of action for sexual harassment (quid pro quo), hostile work environment (sexual harassment), retaliation, wrongful termination in violation of public policy, intentional infliction of emotional distress, race discrimination by association, and failure to prevent discrimination. In June 2013, the Court granted the Defendants’ motion for summary adjudication of issues, resulting in the dismissal of the causes of action for sexual harassment (quid pro quo), hostile work environment (sexual harassment), wrongful termination in violation of public policy, and intentional infliction of emotional distress. The Court’s ruling also resulted in the dismissal of the individually named defendants in the lawsuit. Within a month of this ruling, we negotiated a nominal settlement with plaintiff.
 Chisom et al. v. Bd. of Retirement et al. Court of Appeal, Fifth District, Case No. F064259. A recent published decision upholding a decade-old settlement agreement and rejecting a group of retired Fresno County employees' attempt to use parole evidence to advance an interpretation of the settlement agreement that would have allowed the former employees to pursue their claims for an "enhanced" non-service-connected disability retirement benefit.  Shiell, et al. v. County of Los Angeles, et al., Los Angeles County Superior Court Case No.

BC208582, an Equal protection action claiming staff members of a non-profit, public benefit corporation were entitled to the same rights, salaries and benefits of County employees because they performed the same work. A dispositive motion was decided in the County's favor.

LozanoSmith.com California’s Premier Public Agency Law Firm 18  Hall, et al. v. County of Los Angeles, Los Angeles County Superior Court Case No. BC208583, where approximately 200 female attorneys of a non-profit, public benefit corporation brought a sex discrimination suit claiming they were not receiving the same salaries and benefits as male employees of the County, despite doing the same work. The County’s dispositive motion was ultimately granted on the grounds that plaintiffs were using improper male comparators and had not shown any indicia of discrimination.
 In Govan v. City of Clovis, Lozano Smith successfully obtained dismissal of several constitutional and other statutory claims asserted by a Plaintiff business operator against the City of Clovis and individual City police officers, where the Plaintiff challenged the City of Clovis’ sign ordinance and its enforcement. The District Court, entered judgment in the City’s favor following dismissal of all of the Plaintiff’s claims, which included several theories on the alleged violation of his First Amendment free speech rights, violation of his constitutional due process rights violation of his equal protection rights, and other state law claims.
 Save Our Crossroads Center v. City of Clovis, et al. Fresno County Superior Court Case #03CECG01576 Fifth District Court of Appeals Case #F059907 Supreme Court Case #S194664:

Lozano Smith defended the City of Clovis in a case filed against the City of Clovis by opponents of a Wal-Mart Supercenter regarding air quality analysis, energy impacts analysis, biological impacts analysis, water supply assessment, range of Project alternatives and General Plan consistency.

Police Department

INTERNAL DEPARTMENT ADVICE AND COUNSEL
Serving as City Attorney for several cities throughout the State, Lozano Smith attorneys counsel and interact with police departments on an everyday basis. This includes issues such as police officer personnel files, Pitchess requests and policy updates. We provide advice and training on the Public Safety Officers Procedural Bill of Rights (POBR) and are familiar with individual departments’ operations manuals. Our attorneys are also familiar with law enforcement technological resources, including, for example, mobile digital terminal and dispatch, and L-tac communications.

POLICE EMPLOYMENT
Our attorneys have vast experience assisting clients with POBR, and a significant portion of our firm’s resources is dedicated to employment counseling, employment litigation, and administrative proceedings. We have broad experience assisting clients in preventing, investigating and litigating claims of sexual harassment and all forms of employment discrimination, and our advocacy has been sought in a number of sensitive, high profile cases.

Additional Information
Clients
Lozano Smith represents hundreds of public agencies. Additional information regarding client services agreements may be provided if selected as proposed legal counsel. Within the City of Grover Beach, Lozano Smith currently represents Central Coast Blue Regional Recycled Water Authority.

LozanoSmith.com California’s Premier Public Agency Law Firm 19 State Bar Association
The firm has not had any judgments in which Lozano Smith has been adjudicated liable for professional malpractice. More than 15 years ago, one attorney who is no longer employed by Lozano Smith, was the subject of complaint and discipline with the State Bar. The firm does not currently employ any attorneys that have personally been disciplined by the State Bar.

Office Serving the City of Grover Beach
The City of Grover Beach would be served by a team of attorneys primarily from our San Luis Obispo office. Our attorney team is available and committed to providing the proposed services to the City, including devoting the necessary time to complete the work required, scheduling flexibility, office locations, establishment of office hours at City Hall, and responses to inquiries.

Administrative Contact And Response Time
A City Attorney works to be collaborative and efficient in representing the City and its departments on a daily basis, 24/7. At Lozano Smith, we understand the need and benefit to establish a true working relationship with the City Council, City Manager, department heads, and staff to best serve the City. We are available day and night to the members of the City Council to assist each of them in advancing the City Council’s vision for the community. Essentially, the firm operates as would in-house counsel.

As City Attorney, our staff role is to be fully interactive, meaning not only analyze the statutes, cases and administrative regulations, but also act as chief counsel to provide opinions, legal options and recommendations that are in the best interests of the City. We view the City Attorney as a member of the City’s executive management team, expected to attend and participate in management functions as needed or requested.

We work directly with the City Manager as the day-to-day contact unless otherwise directed.

Coordinating daily work will be a consistent and constant flow of communication with the process for transmittal of requests or other materials done through emails and phone calls. We are available to communicate in any capacity and form regarding the status of legal matters. We will adapt to the City and the City Manager’s preferred use and coordination of legal services. Our expectation is to return all phone calls and emails within a 24 hour period, and often sooner.

TRACKING AND MANAGING LEGAL COSTS; CASE MANAGEMENT PLANS AND MATRICES Lozano Smith attorneys routinely work with clients to develop a detailed and effective case or assignment management plan, as needed, to ensure that the client is aware of the status of all pending matters. This also helps track and manage legal costs for transparency and to assist in the effort of keeping the City’s legal costs to a minimal level. Specifically, for several clients we have created a case management matrix, for significant projects and litigation matters that details the following information:
 Lozano Smith Matter Number  Matter/Case Name
 Responsible Attorney  Current Status
 Next Steps  Budgeted Amount
 Amount Expended
LozanoSmith.com California’s Premier Public Agency Law Firm 20 In addition to using case management matrices to manage cases/assignments, we frequently develop case timelines for complex cases. These timelines are particularly useful when a complex case or assignment requires significant work from City staff. For example, in the employment litigation context, a discovery request may require City staff time to assist in gathering documents responsive to the request. A case timeline helps to ensure that staff and legal counsel adhere to all timelines.

We are proactive in strategizing with clients to make sure that the quality legal services that we perform meet or exceed our clients’ needs and at the same time are within budget. This is consistent with our proactive approach of advising the City Council, City Manager and staff about legal developments or issues of concern in advance of being asked or receiving requests. Our attorneys regularly review developments, such as new case law or legislation, which affect our city clients.

QUALITY CONTROL
It is the practice of our firm to assign one partner as the responsible partner for all of an individual client’s work, which also includes determining the specific role, responsibility and time each attorney will be involved in respective portions of assignments. For any legal issue that is not routine or which may expose the client to extraordinary legal, economic or political risk, we utilize the skill and experience of our attorney team. However, to ensure the client is thoroughly advised, our team peer-reviews each other’s work. This does not add to your costs, but will add to the certainty you can have in the quality of our advice.

REPORTS
Our attorneys meet with the City Manager and Mayor or others as appropriate on a weekly basis and provide oral updates on all legal matters. Written reports on projects are given to the entire City Council upon request. Lozano Smith is able to provide any form of reporting the City wishes as necessary. In addition to regular meetings with city staff, Lozano Smith will provide regular reports to the City Council on all pending matters.

Meeting Dates and Schedule for Proposed Lead Attorney
Robert Lomeli, proposed Lead Attorney, has the following scheduled meetings:
• Central Coast Blue Regional Recycled Water Authority - regular meeting on December 4, 2023. • City of Hollister Art and Culture Commission meetings held on the second Tuesday of each month, and the Parks and Recreation Commission meetings held on the last Tuesday of each month.

Current Litigation
There is no pending litigation with any local government clients of the proposed City Attorney and/or firm, nor has there been litigation in the past ten (10) years.

Billing and Invoices
Lozano Smith sends invoices to clients on a monthly basis and employs a “Net 30” payment term. The firm has the flexibility to work with the City in issuing monthly statements which will meet the City’s specific needs. These statements identify dates of services rendered, identification of parties rendering LozanoSmith.com California’s Premier Public Agency Law Firm 21 services, and an explanation of services. Our attorneys routinely work with clients to develop detailed and effective case or assignment management plans to ensure that the client is aware of the status of all pending matter, and how each subject matter moved forward. Generally, time for support staff such as legal secretaries is not billed to the client. Paralegal and law clerk time is billed the same as attorneys.

Lozano Smith has the ability to issue statements at a matter level which would provide the City and Lozano Smith with the ability to track fees based on service rendered. Furthermore, statements on a matter level could be distributed to specific departments or individuals as directed by the City. Our billing specialist would work with the City to establish department and matter information and where invoices and statements would be sent. Specific and general matters will be established for practice areas and departments. The City should provide a list of authorized personnel with authority to call attorneys. The City should supply purchase order numbers by department and matter, which can be included on invoices.

Technology Resources
Lozano Smith has a full-staffed, multi-member Information Technology department with the capability to connect Lozano Smith attorneys and their technology to the City of Grover Beach, including Microsoft Word, email, and the secure transmission of files between the firm and the City. Lozano Smith partners with a leading computerized legal research company to ensure cost-effective and efficient services.

Conflicts of Interest
We know of no conflicts that would prevent our representation of the City of Grover Beach. Lozano Smith currently represents Central Coast Blue Regional Recycled Water Authority. Lozano Smith has implemented a conflicts checking system that will disclose conflicts, if they arise, on matters as they are assigned to us. It is our legal duty to inform you if any potential conflicts arise and to obtain the consent of both parties prior to continuing to represent either party in the matter. We are unaware of any current conflict that would prevent us from serving as City Attorney, and do not anticipate having problems managing any potential conflicts that may occasionally arise.

Section 4 - References
Lozano Smith is pleased to present the following professional and personal references, and we would be happy to provide additional client references upon request.

City of Hollister
David Mirrione, City Manager
375 Fifth Street
Hollister, CA 95023
(831) 636-4300
Email: [email protected]
Scope of Work (Representative): Police matters, fire matters, records retention policy, public records requests, ordinance revisions, contact/agreements and amendments, subdivision improvement agreements, legislative update presentations to council and acting as city attorney at commission meetings.

LozanoSmith.com California’s Premier Public Agency Law Firm 22 City of Greenfield
Paul Wood, City Manager
599 El Camino Real
P.O. Box 127
Greenfield, CA 93927
(831) 674-5591
Email: [email protected]
Scope of Work (Representative): Personnel matters, negotiation of police officer and police sergeant MOUs, personnel rules, agreement review and drafting.

City of Chowchilla
Rod Pruett, City Administrator Manager
130 S. 2nd Street
Chowchilla, California 93610
(559) 665-8615 ext. 100
Email: [email protected]
Scope of Work (Representative): Municipal code revisions, fire issues, abatement and public nuisance matters, policy and procedure updates.

City of Lemoore
Nathan Olson, City Manager
711 W. Cinnamon Drive
Lemoore, California 93245
(559) 924-6744
Email: [email protected]
Scope of Work (Representative): Agreement revisions, municipal code revisions, substitute city attorney at council meetings, prop 218 and 26 work, analysis and guidance on revenue and finance.

Central Coast Blue Regional Recycled Water Authority
Geoff English, General Manager
177 S. 8th Street
Grover Beach, California 93433
(805) 418-6560
Email: [email protected]
Scope of Work (Representative): Interim general counsel to the authority. Work includes contracting with bond counsel, contracting with financing consultants, agreement drafting, land use agreements, leases, construction of 90-100 million water purification project, agenda review and approval, staff report review and approval, participation in executive meetings.

LozanoSmith.com California’s Premier Public Agency Law Firm 23 Section 5 - Pricing
Additional details of Lozano Smith’s legal fees, billing practices and compensation can be found in the attached Agreement for Professional Legal Services.

GENERAL LEGAL SERVICES:
 On-site office hours
 Advise the City Council, Commissions and City officials on legal matters pertaining to municipal government, including the Brown Act and parliamentary procedures for running meetings.  Review meeting agendas and attend all City Council and Planning meetings, and other meetings as requested.
 On a monthly basis, provide a written status report of assigned projects, requests and litigation in order to keep the City Council informed of important legal issues and to facilitate the City Council’s periodic evaluation of the City Attorney.
 Provide legal advice as requested by the City Manager.  Provide and/or review all ordinances, resolutions, municipal contracts, joint powers agreements, and other agreements and contracts entered into by the City.  Alert the City in a timely manner on new State or Federal legislation or judicial decisions that may impact the City and propose appropriate action(s) to assure compliance.  Routine legal work pertaining to land use issues pertaining to property acquisitions, property disposals, public improvements and easements.
 Attend staff meetings at the request of the City Manager and provide designated office hours or times of availability at City Hall as requested by the City.  Promptly respond to calls, e-mails, and correspondence from City Council, City Manager and staff.  Review current documents, policies, and forms to ensure compliance to current laws.  General inquiries and discussion without a need for substantive research or formal opinion letters.
 Provide up-to-date information on water law, utilities, rates and distribution issues.

SPECIAL LEGAL SERVICES:
 Guidance on personnel, labor relations and employment matters and related hearings, including PERB hearings, arbitrations, fact-finding hearings, disciplinary hearings and grievances hearings.  All litigation matters.
 Successor agency matters.
 Bond counsel and specialized finance or tax services.  Enforce City codes, zoning regulations, and building standards through administrative and judicial actions. Commence and prosecute criminal actions necessary to enforce municipal ordinances.  Coordinate and monitor the work of special legal counsel as needed and directed by the City Council or City Manager.
 Complex land use, land acquisition, CEQA and environmental matters.  Water law matters, including rates, distribution, environmental and procedural issues.  Major contract negotiations.
 Other matters requiring special expertise and mutually agreed upon with the City.

LozanoSmith.com California’s Premier Public Agency Law Firm 24 Section 6 – Exceptions to Agreement
Lozano Smith has no exceptions to the sample agreement.

Labor & Employment
Municipal
Governance
J.D., San Luis Obispo College of Law
B.S., San José State University
California
Robert A. Lomeli
Associate
San Luis Obispo Office
[email protected]
805.471.7080
Overview
Robert A. Lomeli is an Associate in Lozano Smith’s San Luis Obispo Office. Mr. Lomeli primarily serves municipal clients with a focus on public meetings and governance, contracts, investigations and labor negotiations, and works tirelessly to obtain advantageous outcomes for his clients.

Experience
Mr. Lomeli is experienced in labor negotiations, and has led collective bargaining for clients, including drafting and revising contracts, working to reach tentative agreements, negotiating amendments to grievance/employee discipline procedures, and working with analysts to determine costing for proposed bargaining requests. He has also worked in family law and estate planning, where he worked diligently to analyze case merits, minimize risk, propel positive resolutions to complex legal matters, and obtain successful rulings and judgments in both evidentiary and motion hearings. Mr. Lomeli has prior experience in public entity negotiations, police investigations, and working with Sheriffs’ offices, and utilizes that valuable experience to benefit his clients in all areas.

Community Involvement
Mr. Lomeli has served as an adjunct professor at the Monterey College of Law – San Luis Obispo Branch for the past four years.

Education
Mr. Lomeli earned his Juris Doctor degree from San Luis Obispo College of Law. He received a Bachelor of Science in Business Administration from San José State University.

Labor & Employment
Facilities & Business
Governance
Municipal
Investigative Services
J.D., San Joaquin College of Law
B.A., California State University, Fresno
California
Mary F. Lerner
Partner
Fresno & Monterey Offices
[email protected]
559.431.5600
Overview
Mary F. Lerner is a Partner in Lozano Smith’s Fresno and Monterey offices and serves as co-chair of the firm’s Municipal Practice Group. Ms. Lerner is also a member of the firm’s Facilities and Business, Governance, and Labor and Employment Practice Groups. Ms. Lerner advises clients regarding a wide-range of issues affecting public agencies.

Experience
Ms. Lerner’s practice is focused on personnel matters, finances, development, CEQA, LAFCO, the Brown Act, board governance, sustainable groundwater agencies, elections, code enforcement, First Amendment issues, labor negotiations, and public safety. Ms. Lerner is general counsel for public agency clients throughout California. In addition, she assists clients in defense of issues related to the Americans with Disabilities Act.

Education
Ms. Lerner obtained her Juris Doctor degree from the San Joaquin College of Law. She graduated from California State University, Fresno with a Bachelor of Science degree in Political Science.

Community Involvement
Ms. Lerner is an adjunct professor at the University of Phoenix, where she teaches Business Law (undergraduate and graduate levels) and Ethical Legal Topics (undergraduate level), as well as serving as a mentor to new faculty.

She was selected as a recipient of the Phoenix500 Award, recognizing top faculty from across the country who go above and beyond engaging and supporting students and fostering their learning. Ms. Lerner also partners with the Fresno County Bar Association on various civic engagement opportunities, including the Speaker's Bureau, where she works on projects with local high school students.

Facilities & Business
Municipal
Governance
J.D., San Luis Obispo College of Law
M.L.S., San Luis Obispo College of Law
B.S., California Polytechnic University, San Luis
Obispo
California
Jennifer P. Thompson
Senior Counsel
San Luis Obispo Office
[email protected]
805.471.7080
Overview
Jennifer P. Thompson is Senior Counsel in Lozano Smith's San Luis Obispo office, and serves as general counsel for public agency clients. Her practice includes public agency finance, development, CEQA, LAFCO, the Brown Act, board governance, public utility issues, and code enforcement. She is an experienced government professional with years of experience managing city departments.

Experience
Ms. Thompson frequently assists clients with public agency procurement issues, including request for proposals and all types of contracts. She counsels her clients on all types of development matters including affordable housing issues and development agreements. In addition, she performs investigations on a wide variety of issues.

She also supports her clients by advising on board policies, City ordinances, and the California Voting Rights Act.

Ms. Thompson previously served as the Utilities Business Manager for the City of San Luis Obispo. In this position, she was responsible for coordinating and facilitating Utilities department strategic planning activities. Ms.

Thompson also supervised the daily operations and employees of the Revenue Division in the City of San Luis Obispo’s Finance Department. Ms. Thompson monitored changes in laws, regulations and technology that impacted departmental operations, and she developed changes to policies and procedures to ensure compliance with the law. She has experience with Proposition 218, SB1383 and SB998. Ms. Thompson regularly communicated with the City Council, managers, employees, and organized employee groups. She is experienced in financial planning and analysis, preparing ordinances, and monitoring Utilities financial sections of development agreements.

Education
Ms. Thompson earned her Juris Doctor and Master of Legal Studies degrees from the San Luis Obispo College of Law. She earned a B.S. in Economics from California Polytechnic University, San Luis Obispo.

Facilities & Business
Municipal
J.D., California Western School of Law
B.A., San Diego State University
California
Kevin F. Serrano
Associate
Monterey Office
[email protected]
831.646.1501
Overview
Kevin F. Serrano is an Associate in Lozano Smith’s Monterey office. He serves public agencies through legal representation in a wide variety of facilities and business issues.

Experience
Mr. Serrano has extensive experience in civil litigation and public service. He is highly skilled in overseeing all facets of case management, compiling detailed reports, documentation, interviews, and briefs to ensure effective strategic planning and presentation. He also has a proven ability in communicating with clients to provide insight on legal proceedings, options, and next steps, facilitating achievement of favorable outcomes within legal limitations.

Mr. Serrano has managed catastrophic personal medical malpractice cases and evaluated findings to develop strategies and arguments for presentation of cases. He is experienced with gathering evidence and conducting interviews to outline case details and formulating defense of initiating legal actions. He has valued claims and negotiated settlements to foster positive case outcome and identified and communicated exit strategies to clients.

He also provided guidance and recommendations to clients, carriers, and insured individuals.

Education
Mr. Serrano earned his Juris Doctor degree from California Western School of Law. During law school, he was a member of Pro Bono Honors and Public Service Honors Society, and was Chairman of the Board of Representatives for the Student Bar Association. He also served as President, Co-President and Vice President of the Business Law Society. Mr. Serrano earned his Bachelor’s degree in Communication, from San Diego State University.

PROFESSIONAL RATE SCHEDULE

FOR CITY OF GROVER BEACH

1. HOURLY PROFESSIONAL RATES
Client agrees to pay Attorney by the following standard hourly rate*:

Partner** 1
/ Senior Counsel / Of Counsel
Associate
Paralegal / Law Clerk
Consultant
$ 295 - $ 395 per hour
$ 250 - $ 295 per hour
$ 185 - $ 225 per hour
$ 350 - $ 395 per hour
* Rates for individual attorneys within each category above vary based upon years of experience. Specific rates for each attorney are available upon request. ** Rates for work performed by Senior Partners with 20 years of experience or more may range from $395 - $450 per hour. 1

2. BILLING PRACTICE
Lozano Smith will provide a monthly, itemized Statement for services rendered. Time billed is broken into 1/10 (.10) hour increments, allowing for maximum efficiency in the use of attorney time. Invoices will clearly indicate the department or individuals for whom services were rendered.

Written responses to audit letter inquiries will be charged to Client on an hourly basis, with the minimum charge for such responses equaling .5 hours. Travel time shall be prorated if the assigned attorney travels for two or more clients on the same trip.

3. COSTS AND EXPENSES
In-office copying/electronic communication printing
Facsimile
Postage
Mileage
$ 0.25 per page
$ 0.25 per page
Actual Usage
IRS Standard Rate
Other costs, such as messenger, meals, and lodging shall be charged on an actual and necessary basis.
1 Sale or Lease of Real Property Work:

Partner / Senior Counsel / Of Counsel $ 450 per hour
Associate $ 375 per hour
Paralegal / Law Clerk $ 225 per hour