HomeMy WebLinkAboutMcDONOUGH, HOLLAND, SCHWARTZ AND ALLEN - JOSEPH E. COOMES JR. - 1977-03-14.J City of Huntington Beach
P.O. Box 190 +CALIFORNi1 02M
OFFICE OF THE CITY CLERK
March 1'51, 1977
Mp Wtiough, Holland, Schwartz & Allen
Atturiieys at Law
555 Capitol Mall
sUiLv 950
Sacramento, CA 95814
ATTN: Joseph E. Coomes, Jr.
x a r ` Mr. Coomes
Inc 11edcvelopment Agency at its adjourned regular meeting, held
Mond.ty, March 14, 1977, adopted Resolution No. 13 authorizing a
lvyat, services contract with McDonough, Holland, Schwartz & Allen.
Wo ,;rx; enclosing ��copy� the
contract fox your P� signed
etitf! t" F .hr ••`�3-NPR'fi'�-'°9®Eifi-+�(ir.�(1,8S�t"lra >n.i Lo t'^...+7viazzi P4"^'�`.,
, ir,r rrt 1y yours,
Aiie. a 11. Wentworth
W,d�•velolsment Agency
e/ o ,qav 7N "eL p es
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EXHIBIT A
ra
AGREEMENT FOR LEGAL SERVICES
THIS'AGREEKENT, entered into this fourteenth day of March,
1977, by and between the Community Redevelopment Agency, City of
Huntington Beach, State of California, herein called the "Agency,"
and McDONOUaH, HOLLAND, SCHWARTZ & ALLEN, A Professional Corporation,
engaged in the practice of law in the City of Sacramento, State of
California, herein called "Special Counsel."
WITNESSETH THAT:
WHEREAS, the Agency is involved in undertaking redevelop-
ment activities under the California Community Recevelopment Law;
and
WHEREAS,- the Agency desires to engage Special Counsel, in
association with its General Counsel, to provide special legal
services to the Agency,, as required in connection with its
redevelopment activities;
NOW, THEREFORE, the parties do agree as follows:
1,. Scope of Services. Special Counsel shall, perform
legal services as may be requested from time to time by the
Agency and its officers in connection with its redevelopment
activities, ln(~ludi.ng but not limited to the following:
A. Meet from time to time with Planning and other
City staff members in reviewing proposed plans, documents,
and procedures in conformance with the State Redevelopment
Law.
B. Attend as needed scheduled meetings involving the
Redevelopment and Planning Commission's work and study sessions,
and public hearings to be held by the City Counil/Redevelopment
Agency.
C. Respond to phone inquiries from the Redevelopment
Executive Director, Director, and designated staff members.
d. Provide legal advice on matters pertaining to
relocation, property acquisition, eminent domain, and all other
functions involved with the adoption of a redevelopment plan.
E. Provide legal advice on redevelopment matters to
the City Attorney's office when requested.
A�
Joseph E. Coomes, Jr., a principal member of the firm of
Special Counsel, shall be reoponsible for the performance
services hereunder, and shall supervise any services per-
formed by other members of Special Counsel's firm. It is
understood that the Agency has General Counsel (the City
Attorney) to render c 3-to-day and on' -going legal services
and that Special Counsel shall coordinate its services here --
under with Agency's General Counsel to the extent_ required.
Litigation services are not included under -this Agreement
and in the event the Agency desires, to retain Special Counsel
for litigation, a separate agreement shall be entered into.
2 Time of Performance. The services of Special
Counsel are to commence upon the execution of this Agreement,
and shall be undertaken and completed in such sequence as to
assure their expeditious completion in the light of the
purposes of this Agreement.
3. Compensation, Reimbursement and Methods of Payment.
a. Compensation.
(1) Fee Basis. Fees shall be charged on an
hourly basis for all legal services rendered.
(2) Amount of Fees. The hourly rate for
services performed shall be $65.00 per hour.
b. Reimbursement. In addition to the compensation
pr�_.vided above, the Agency will reimburse SpecialCounsel
for the following expenses.
(1) Necessary travel and subsistence expenses,
in connection with the performance of Special Counsel's
services pursuant to this Contract, based upon the actual
cost of his transportation by common carrier, or the sum of
$.15 per mile if the travel is performed by privately -owned
automobile, and not to exceed $35.00 per diem in lieu of
subsistence or the sum of $50.00 per day for actual subsistence
expenses supprted by detailed records; and
(2) Sitch .printing and copying expenses, long
distance telephone calls, telegrams, and similar costs
relating to legal services and generally chargeable to a
client; provided, however, such expenses shall not include
normal office operating expenses.
C. Estimated Maximum Compensation and Reimburse-
ment. It is estimated that the total compensation and
reimbursement paid hereunder shall be a maximum of $20,000,
which _amount however, for the purpose of this Contract,
shall be considered only as an estimate and not a limitation.
d. Methods of Payment.
(1) Monthly Statements. As ,a condition pre-
cedent to any payment to Special Counsel under this Contract,
Special Counsel shall submit monthly to the Agency a. statement
of account which clearly sets forth by dates the designated
items of work for which the billing is submitted.
(2) Timing of Payment. The Agency shall
review Special Counsel's monthly statements and pay Special
Counsel for services rendered and costs incurred hereunder,
at the rates and in the amounts provided hereunder, on a
monthly basis in accordance with the approved monthly statements.
4. Employment of Other Counsel,_ Specialists or Experts.
Special Counsel will not employ or otherwise incur an obliges-
tion to pay other counsel, specialists or experts for services
in connection with this Agreement- without prior approval of
the executive officer of the Age; y.
5. Special Counsel's Relationship to Agency. It is
agreed that in the performance of his services under this
contract, Special. Counsel:
a. Conducts research and arrives at conclusions
with respect to his or her rendition of information,
advice,recommendation or counsel independent of the
control and direction of the Agency or of any Agency
official, other than normal monitoring; and
b. Possesses no authority with respect to any
Agency decision beyond the rendition of information,
advice, recommendation or counsel.
-3-
limp
As such, Special Counsel is not a public official (as defined
under the California Fair Political Practices Act) of the
Agency or of the City, and is not subject to local Conflicts
of Interest Codes of the Agency or City,, although, Special
Counsel is subject to the conflicts of interestprovisions
of paragraph 9 of this Agreement.
6. Termination of Agreement and Legal Services. The
Agreement and all legal services to be rendered hereunder
may be terminated at any time by written notice from either
party, with or without cause. In such event, all finished
and unfinished documents, project data and reports shall, at
the option of the Agency, become its property and shal be
delivered to it or to any party it may designate. In t e
event of such termination, Special Counsel shall be paid for
all satisfactory work, unless such termination is made for
cause, in which event compensation, if any, shall be adjusted
in the light of the particular facts and circumstances
involved in such termination.
7. Interest of Members of Local Public Agency. No
member of the governing body of the Agency, and no other
officer, employee, or agent of the Agency who exercises any
functions or responsibilities in connection with the carrying
out of any project to which this Agreement pertains, shall
have any personal interest, direct or indirect, in this
Agreement.,
8. Interest of Other Local Public Officials No
member of the governing body of the locality in which the
Pro}ect is situated, and no other public official of such
locality, who exercises ary functions or responsibilities in
the review or approval of the carrying out of any project to
which this Agreement pertains, shall have any personal
interest, direct or indirect, in this Agreement.
9. Interest of Counsel, Special Counsel (including
principals, associates and professional
ssiona]employees) cvenan
t s
that he does not now have any interest and shall not acquire
any interest, direct or indirect, in the area covered by any
-4-
project of the Agency c-1, any parcels therein or any other
interest which would conflict in any 'manner or degree with
the performance of his services hereunder. Special Counsel
further covenants 'that in the performance of his duties
hereunder no person having any su_h interest shall be
employed.
IN WITNESS WHEREOF, the Agency and the Counsel have
executed this Agreement as of the date first above written.
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH
Mayor as Chairman of the
Redevelopment Agency
ATTEST:
Alicia M. Wentworth
Clerk
i
By: Deputy Clerk
APPROVED AS TO CONTENT APPROVED AS TO FORM
2L
ief Executive Officer City Attorney 1a Leg 1 visor
for the Redevelopmen gency
APPROVED, INITIAT.NG
DEPARTMENT
i
McDONOUGH, HOLLAND, SCHWARTZ
& ALLEN
II
I
B
o eph E. Coomes, J
r
RESOLUTION NO. 13
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH AUTHORIZING A LEGAL
SERVlCES CONTRACT WITH McDONOUGH, HOLLAND,
SCNWARTZ, AND ALLEN:
WHEREAS, the Redevelopment Agency of the City of
Huntington Beach has generated a need cor legal consultant
services; and
The Agency desires to engage the services of
McDonough, Holland, Schwartz, and Allen on a time-and-:iaterial
basis to satisfy this need,
NOW, THEREFORE,, the Redevelopment Agency of the City
of Huntington Beach does resolve as follows:
1. The agreement between, the Agency and McDonough, Holland,
chwartz, and Allen for the provision of legal services which
is attached hereto as Exhibit A is approved.
2. The mayor of the City of Huntington Beach, a member of this
Agency, is hereby authorized to execute the agreement on
behalf of the Agency, and the City Clerk of the City of
Huntington Beach is hereby authorized to attest such document
on behalf of the Agency. The Planning Director of the City
of Huntington Beach is hereby authorized to act as contracting
officer on behalf of the Agency for purposes of this agreement.
The City Attorney of the City of Huntington Beach is authorized
to act as legal counsel to the Redevelopment Agency and to
approve the agreement as to form..
3. The Finance Director of the City of Huntington Beach is hereby
authorized to control and maintain the Agency Administrative
Fund, and to disburse the sums required to perform the Agency's
obligation to McDonough, Hollad, Schwartz, and Allen upon
certification of the Planning Director that said Sum is due
and payable.
PASSED AND ADOPTED by the Redevelopment Agency of the
City of Huntington Beach at a regular meetkag thereof held on
the 14th day of March, 1977.
Mayor for
Redevelopment Agency of the
City of Huntington Beach
ATTEST: APPROVED AS TO FORM:
Alicia M. Wentworth r
City Clerk Ct At—toacting
for Redevelopment Agency as legal. counsel fo edevelopment
by Agency
Deputy
APPROVED AS TO CONTENT:
APPROVED, INITIATING DEPARTMENT
City_Administrator
Res, No. 13
h
'Tk STATE' OR CALIFORNIA
01)[INTY OF ORANCB
I,, ALICIA M. WENTnIORTH, Secretary of the Redevelopment
tgoncy of une City of Huntington Beach, California, DO HEREBY
('}ai,''IF'Y that the foregoing resolution was duly adopted by the
Redevelopment: Agency of the City of Huntington Beach at an adjourned
regular inoot i nv, of said Rrdovelopment• Agency held on the l� day of
jtarc►L 1977�, and that It, was so adopted by the
fnl]owinp, vote:
AYES: Members
Bartlett, Caen, Gibbs, Siebert, Wiedex
NOES Members:
None
AHSENT : Member
IL4t117, . 51aP3kmnn
A� i�4a M Tarth�rnrh�
Socretary of the Redevelop
Agency of the ri'ty of
HuntingtonBeach
By,, 1 b' ✓
Deput y
` ._
r I` 'I
DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES
y _ P. 0. BOX 190, HTINGTON BEACH, CALIFORNIA 92648 (714) 536.6271
TO: Redevelopment Agency
ATTN: Floyd G. Belsito, City Administrator r
FROM: Planning Department
DATE: March 7, 1977
SUBJECT: LEGAL CONSULTANT FOR THE REDEVELOPMENT AGENCY
As we discovered during 1976, redevelopment is a highly technical and
complicated activity. To guide it through the proce,s, the Agency requires
an excellent and highly -skilled legal advisor.
As directed by Section 3.03.060 of the Municipal Code the Planning Depart-
ment has conducted_a search for qualified legal consultants to serve the
Agency. On February 24, a Request for Proposals was mailed to the attached
list of firms representing those advisors now serving redevelopment agencies
in Orange and Los Angeles Counties. Proposals wcre submitted by two firms -
Richazds,Watson, Dreyfus & Gershow; and McDonough, Holland, Schwartz, and
Allen.
r
After reviewing these proposals, it is the Planning Department's conclusion
that the firm of McDonough., Holland, Schwartz, and Allen be selected as
Special Counsel to the Redevelopment Agency. Joseph E. Coomes, Jr. will,
be the principal attorney responsible for services to the Agency. His
performance has been excellent in the past and he already possesses an
in-depth knowledge of the redevelopment effort in Huntington Beach. As
well, he and his firm have an outstanding-seate-wide reputation in redevelop-
ment matters and have provided legal counsel to numerous agencies.
Mr. Cooras estimates a,cost of $20,000 for legal assistance through adoption
of a Downtown Plan. The existing Redevelopment Agency consultant services
budget is unable to absorb this additional cost. As you know, the scope
of ac ivity in redevelopment has gone far beyond what we envisioned 'Last
year when the Agency's budget was prepared._ We, therefore, recommend that
j these consultant services be funded from the $200,000 Agency contingency
fund.
A ry solution and Contract authorizing Mr. Coomes to serve as Agency Special
Cot:;asel is attached.
RECOMMENDATIONS:
1._ Joseph E. Coomes, Jr. and McDonough, Hollan&,-Schwartz, and Allen enjoy
-a statewide reputation for excellence in redevelopment activities.
They have provided expertise to the Agency in the past and are well--
acquainted with our on -going programs. Staff has been extremely pleasf-d
with t),ke performance of this consultant and recommends that the Agency'
continue to utilize these talents.
r
ry
~,
AMIk
VW
Legal Consultant for the Redevelopment Agency
g P
Page 2
I
2. The Agency should adopt Resolution_ No. authorizing execution of
the attached contract with funds from the Agency's contingency budget.
Respectfully submitted,
Edward D. Selich
Director of Planning and EnvironmentalResources
EDS:MF:s
Attachments: List of Firms
Resolution No./3
Contract
REDEVELOPMENT LEGAL SPECIALISTS
McDonough, Holland, Schwartz Z Allen
Attorneys at Law
555 Capitol Mall', Suite 950
Sacramento,'Calif.5814
Attn: Joseph E. Coomes, Jr.
Eugen.,.. B. Jacobs
500 Roosevelt Building
727 West 7th Street
Los Angeles, California 90017
Rutan & Tucker, Attorneys at Law
Bank of California Building
401 Civic Center Drive West
P.O. Box 1976
Santa Ana, California 92702
Theodore Lee
Lee &'Hortzer, Attorneys at Law
44 Montgomery Street, Suite 1350
San Francisco, California 94104
Barrett, Stearns, Collins, Gleason & Kinney
21515 Hawthorne
Torrance, California 90503
Richards, Watson, Dreyfuss & Gershon
Attorneys at Law
333 S. Hope Street, 38th Floor
Los Angeles, California 90071
Attn: Glenn R. Watson
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T_n accordance w? th your r=gUeat to= a proposaS, w.--
sub'-as-t this Information concez-ning the pursumnt to
W1111ch WC would acf as SP4.'.0 l 7.OSZL7L COW-1 sal to the Redevelop
mcmn-c Aciancg on a32 matters pe!wt:a:Lrs&ncj tcz aezd v�3� xst
citsi�Snr 1977.
11 ,eat orth wit ,you= raquaos , cts:e e�4rsric;s sae:ax3 :xcitxcl
tine €oJL37wJng_
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City staff menmbess in resriewin propama-a slam—*, i
documentst and grccodurea in with the
sfmate Radeva3tP--taro z. L%*-
2. .A.t.tond as needed zdhedulwci i.X•"k'C7i7. ins t.110
Redc�rnir sn sst and l*ia-nning commizalon;s work bond
t xdy+ Oct o i uns' and Plabl.ic haarings to be Tyc2' a *
,he City Agency..
3. Ferx��, sr3nc to P zone mmgt3r as from, 1--he Rarfrvs��rYprsc nt
'Exectrtivo ?:iscc4or. FJ Si3cCOKc and das.3gfnaT--ed s•tafc
3ztes�ks�r'Ga _
4. P=o-wldo legal advlae on =atta;a parta3.t-43ng to
ze9,rac. tior+� Pr*vOr-ty --mmneanz domain,
and, all oth-oz -functions Invo3-wad with ,that adoption
of a rcc: ruc3ca-s, eskt plan.
S . Poo eide legal aevle:e ati matzess to
'the City, Attorney` s oEfIce .aht;n
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PLANNING OEPT,
MAR 7 1977
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MaDONOUGH, HOLLAND, SCIiWAizT`L & ALLEN
A PROFESSIONAL CORPORATION.
MARTIN Mc DONOUGH
ALFRED E. HOLLAND
ATTO.I.NL`YS FkLW S. WAHRHAFTIG:
MILTON-L. SCHWART7.
'BRUCE F, ALLEN
V.. BARLOW GOFF
JOSEPH E. COOMES, JR,
SSE; CAPITOL MALL, SUITE 95.0
WILLIAM G, HOLLIMAM,JR.-
DAVID J, SPOTTISWOOO
- SACRAMENTO, CALIFORNIA 95814.
ELMER R. MAL'AKOFF
TELEPHONE 916 444-3900
DONALD C, POOLE
RICHARD W. OSEN
RICHARD E, BRANDY
- OUR FILE NUMBER
GARY F. LOVERIDGE
DAVID W. POST
SUSAN K, EOLING
G, RICHARD BROWN
NATHANJEL A. HOFFMAN
.
MICHAEL L.TUFT
Gentlemen
At your request, the following is a resume of some of
my background and experience in redevelopmentand public
law:
Age: 44
L.L.B. 1957 (Boalt Hall)
Counsel, State Board Of Finance, State Of
California (1958-59)
Deputy Legislative Counsel, State of
California (1959-62)'
Attorney, Redevelopment Agency of the City
of Sacramento (1962-64)
Assistant City Attorney, City of Sacramento
(1964-65)
City Attorney, City of Sacramento (1965-
October, 1968)
Firm Member - McDonough,•Holland, Schwartz &
Allen (Since October, 1968)
Member: Sacramento County and American Bar
Association
State Bar of California
National Association of Housing and
Redevelopment Officials
President, 1977, Sacramento
Metropolitan Chamber of Commerce
Visiting Lecturer in Law, U. C. Davis
Law School, Course on Land Use
Planning, Fall, 1972
Program Lecturer, Practicing Law
Instit�ite, Housing and Community
Development, October, 1973
Program Participant in Programs and
Meetings of: League of. California
Cities Annual Meeting; League of
California Cities City Attorneys
Section; California Downtown
Association; National Association
of housing and Redevelopment
Officials; International Conference
of Shopping Centers; United States
Law Conference of International
Conference of.,Shopping Center;
California Municipal Finance
officers Association; other
- professional organizations
Member, Technical Advisory'Committee,
Ralph Andersen study of California
tax increment financing, financed by
California redevelopment agencies.
1975-76
Member, three-man arbitration panel,
San Francisco Yerba BQen,:t Redevelopment
Project arbitration dispute
Member, Advisory Committee, HUD
financed study on tax increment
financing, 1976-77
Presently under contract to West
Publishing Company for form book, on
Health and Safety Code
I have served or am presently serving as special
counsel to redevelopment agencies in the following cities:
Palm Springs (establishment of program and adoption of
redevelopment plan), Hawthorne (disposition agreement for
m1.1jor shopping center) , Santa Rosa (disposition agreement
and plan amendments, and litigation re major shopping center),
San Bernardino (litigation), Merced (downtown redevelopment
program), Glendora ,(redevelopment programs), Martinez (rede-
velopment program), Compton (special counsel • litigation
and project consultation), Pleasanton (redevelopment program),
Ukiah (redevelopment program), San Leandro (shopping center
development and disposition), Petaluma (redevelopment program),
South Gate (redevelopment prograrfi), Huntington Beach (rede-
velopment plan), Fairfield (redevelopment plan and shopping
center development) and Redding (redevelopment plan and
parking facilities).
In addition, I have been consulted by the Cities of
Sacramento and Davis in redevelopment matters and have
r�-presented and presently represent private redevelopers in
Sacramento (Old Sacramento Project and Central Business
District Retail and Office Building Projects), and cities in
other States.
I have in the past served as Executive Vice President
of the California Information Center for Cc-^munity Develop-
ment, a non-profit corporation made up of 01ficials of
redevelopment agencies, housing authorities ?..id code enforce-
ment agencies,, to provide legislative services in the fields
of renewal", housing and code en'orcement, and have made
frequent appearances over the years before legislative
committees on redevelopment and housing legislation.
Pour other members of our firm also have backgrounds in
redevelopment practice and litigation:
Martin McDonough, original counsel to the Sacramento
Redevelopment Agency and presently retained by the Oakland
Redevelopment Agency on a utility relocation case;
Bruce F. Allen, who also served as counsel to the
Sacramento Redevelopment Agency;
Milton L. Schwartz, who handled .condemnation
actions for the Sacramento 'Redevelopment Agency in its first
twc project areas and who is presently retained by the City
of Sacramento for condemnation actions by its Community
Center and Parking Authority, and defense of an inverse
condemnation action arising out of one of its redevelopment
projects;
William G. Holliman, Jr., formerly assistant legal
counsel and lobbyist for. the League of California Cities`.
Our litigation experience in redevelopment, in addition
to the condemnation and inverse condemnation proceedings
men4:ioned above, has included:
Redevelopment Agency of City of Sacramento v.
Malaki, (1963, 216 C.A.2d 480, involving the adjustment of
the base roll for issuance of tax allocation bonds (Coomes);
Redevelopment Agency of City of Fresno v. Buckman,
(1966) 64 C.2d 886, involving the validity of Proposition 14
as applied to redevelopment projects (McDonough, Allen,
Coomes);
Johnson v. Oakland Redevelopment Agency,'(1963)
317 F.2d 872, involving standing to sue to challenge reloca-
tion provisions*(McDonough);
In Re, Redevelopment Plan for Bunker Bill, (1964)
61 C.2d 21, amicus curiae brief on scope of judicial view
(Allen, Coomes);
Redevelopment Agency of City of Sacramento v.
Modell, (1960) 177-C.A.2d 321, involving general plan require-
ments (Schwartz)
Codding Enterprises v. Urban Renewal Agency of
the City of Santa Rosa, et al. (Unpublished opinion of Court
of Appeal, October, 1975), upholding actions of agency in
entering into amended cooperation agreement with City,
disposition agreement with developer,'to construct parking
facilities and develop a regional shopping center (Coomes);
Redevelopment Agency of City of Oakland v. P.G.&E.,
Alameda County Superior Court, 1973, P.G.&E. appeal volun-
tarily dismissed, successfully determining the obligation of
a utility company to relocate,at its own expense from city
streets for a redevelopment project (McDonough);
A successful trial court proceeding in mandamus
validating, a construction contract, entered 'into•without'
competitive bidding, for public parking facilities related
to a regional shopping center in a redevelopment project
(Coomes);
Federal litigation involving validity of redevelop-
ment projects, and community development block grant funding
(Coomes)
A series of superior court actions in Santa Rosa
brought by a competing shopping center developer to stop the
Santa Rosa downtown redevelopment program (Coomes);
A proceeding, now on appeal, in San Bernardino
involving the application of the Malaki case to the Oan
Bernardino redevelopment project (Coomes, Holliman)
If you have any questions or desire any further informa-
tion, please let me know..
Very truly yours
Joseph E. Coomes, Jr.
JEC.nm
T
PICHARo gicHAROs RIC.HARDS, WATSON, DREYF'USS. & G:ERSHON
CLCNN R. WATSON
ROB CRT G. SCVERLY
GILUERORLYFUSS ,ATTORN'cY5 ,LT LAW
7
11ARF- L. IERSHON.
DOUGLAS W. ARGUE
JAMES N. HERSCRT
JAMES J. COO1 THIRTY-EIGHTH FLOOR
MARK L. LAMKCN
333 SOUTH HOPE STREET
OLD SIMON
PATFICK. C. COUG HLAN I.OS ANl3 ELES. CALIFORNIA 90071
13AROLO 0. PICPER 12131 B2G•B484
FRED A. FENSTER pR 'I
HOWARD J. STECHEL March (� , .LO 7�]
STEPHEN A. LEN:.KE CABLE ADDRESS
13ARDARA. MRV 15 RICHWAT
G EORGE A. FURSt
ALVCN E. RENNETT
STCV!KN L. DORSEY
MARY L. WALKER
JEFFREY N. GARLAND ,/�,
ROBERT M. GOV?FRIED ���i�T��rYQ� BEACH
MARGARET EVE 53ENCER
DONALD L. HUNT PLANNING
tijNING DEPT.
JUDY 3RAY �wi1��1 �V�.1
MITCHELL C..ABBOTT
TIMOTHY L. NCUFCLO
GAMY L.GILLIG MAR
�F'(1 n/ Q77
H ARV EY R."YIN I�I1�1' 1•. l 1J/ !
ANDREW LICHTMAN M 1
RONALD M. GREENDCRG
P. 0. t3ax 190
H ntin on Beach, CA 92648.
City of Huntington Beach
Redevelopment Agency
Pos�a Office Box 190
Huntington Beach, California 92648
AttentionI, Monica Florian
Dear Agency Members:
In response to your letter of invitation and a
telephone call from your staff, we are submitting a brief
resume of our firm's experience znd qualifications in
municipal and redevelopxent law, and our view of the basis
upon wbioh eve could iindertake to serve the City of Hunting3:an
Beach Redevelopment Age-rc- if the Agency should -wash um to
accept such an as ignment.
our firm consists of ;'9 .zztorneys, in addition to
which three new associate;, 1977 law graduates, will join pis
in August. We also have two para-legals, one of whom works
exclusively in the municipal field, and the necessary secre-
tarial and suppf. t staff:
our firm, through its public law department, has
specialized in municipal and public law, inol.udinq redevelopment
law, for over twenty years. We have served as city attorney f,,,r
some thirteen cities in Los Angeles, Orange, and Sari Bernaraino
Counties, and presently serve as city attorney for Heal Beach
(a charter city) and the general law cities of Carson, Rancho
Palos Verdes, Artesia, South El. Monte, and Avalon. We drafted
the charter of the City of Cerritos (formerlydairy Valley)
and have prepared charter amendments for the City of Seal Beach
have organized and drafted municipal codes :for a number of newly
incorporated cities,' represented the City of Victorville in
establishing the first comprehensive county--- ty relationship
Ll
-City of Huntington Beach
Redevelopment Agency
March 4, 1977
Page Two
in San .Bernardino County, and have performed the full range of
city attorney services for 'both "contract" and "independent"
or full -service cities. We have also acted as _special counsel
to the State of Alaska and the State of California.
in the redevelopment area we presently serve the Agencies
i;, the cities of Carson and Seal Beach. We have participated in
proceedings for the sale of more than $50,000,000 00 of tax
increment bonds to date. You may be a,: --,are of the highly success-
ful Redevelopment projects in the City of Carson, and the current
redevelopment programs in that city which involve all phases of
financing, acquisition, rehabilitation, relocation, and redevelop-
ment. As redevelopment agency counsel. we attend :agency hearings.
advise staff and Agency members, provide legal advice to the Agency
consultant8, advise with respect to the permissible use of Agency
funds, and furnish other legal advice as needed:. We also draft,
or participate in drafting, amendments to the existing redevelop-
ment project, area plans and have handled all legal aspects of
the adoption of redevelopment plans in several cities.
We are currently handling eminent domain proceedings for
two redevelopment projects and have handled numerous Agency
acquisitions, as wall ar Agency resales. We have handled litigation
relating to redevelopment in the cities in which we serve the
agencies as legal counsel, and also have served dither agencies
as special litigation counsel -
Our background inconstitutional law is comprehelsi.ve.
We have been involved in advising our governmental clients
concerning constitutional questions on a regular basis, as well,
as having ex�,ensive constitutional litigation experience. `.Chive
work has ranged from the fi-�1d of planning and zoning in which
we have more that, twez,ty-five years of concentrated experience
to environmental litigation. As you mad- know, zoning and develop-
i.!ent of the Palos Verdes Peninsula were the major issues in the
incorporation of Rancho Palos V4,�.-Jes in 1973. In order to
enable a;,.:omplwshment of that incorporation over the opposition
of a numl�e.r of major landholders, it was necessary to have a
portion c.L the incorporation statute (relating tc protests by a
? majority of the assessed value,declared unconstitutional. This
was accomplished in the landmark decision of the California
Supreme Court in Curtis v. Board of Supervisors, 7 Cal. 3rd, 942.
y
Aghh
i
City of Huntington Beach
Redeveloprrant'Agency
March 4, 19717
Page Three
I
We have more recently litigated zoning and plaa,ning,
redevelopment and inverse condemnation in both State and
Federal courts. To date, all of such actions have been
successfully defended, as have various legal attacks on
actions of the redevelopment agencies. The fire, has been
engaged from time to time as special litigation counsel to
handle litigation for several cities which we do not presently
serve as city attorney, including the cities of Inglewood,
Nawport Beach, Industry, and others. These legal a.ctiol.s
ave included eminent domain, injunction, writs of maneate,
ai;d other civil li,tigatior;,.
W hay five attorneys who work almost exclusively in
the municipal and redevelopment law area and several other
attorneys who devote a significant portion of their time to
municipal law work.
Glenn R. Watson has practiced law in California for
more than thirty years and is one of the founding partners
and a senior partner in the law firm. For more than twenty-
five years his practice has concentrated on zoning, planning,
and puhlic law with major elwphasis m miuUcipaJ. law. He
presently serves as the legal counsel to the Caton Redevelop-
ment Agency.
Patrick C. Coughlan, a partner of the firm, has more
than ten years experience in the field of public law and is
liaer_sed to practice law in both Florida and California.. While
4.n Florida, Mr. Coughlan served as town attorney for Ocean. Ridge
and village attorney for Village of Golf, Florida, and also
served as a municipal judge. Since joining the fixmi, Mr. `
Coughlan has represented the cities of Rancho Palos Verdes and
Seal Beach.. He serves as "Legal adviser to the Seal Beach
Redevelopment Agency.
Mr. William L. Strausz has specialized in municipal
financing and redevelopment law since his a6ni,,sion to the
bar in 1973. He has recent' joined the firm after practice
with a firm specializing in r,,..-.icipa', finance and redevelopment
agenoy bonding.
0
City of Huntington Beach
Redevelopment Agency
March 4, 1977
Page Four
In the event our firm is called upon to provide uhe
cc..-'!,ltin:g services described in your request 4.or proposal.,
Mr, :atson will be the partner primarily responsible for the
projects with assistance by Mr. Strausz. In addition, other
attorneys in the firm will be called upon as necessary to
provide the service required.
Our firmle services would be provided at a rate of
$65 per hour. Thi:; contemplates participation of Mr. Watson,
Mr. Strausz, and of other attorneys with substantial experience
in redevelopment, as needed. The charge includes al,; cur
secretarial and other normal office overhead, We bill toll
telephone charges, mileage, and aerox reproduction charges as
in -urged.
We appreciate thF; xpressio.n of interest in our firm,
and would be pleased to provide any additional information
which you might request.
Ver truly yours,
F
• ZENN R. WATSON
taRTI: s 1 w
MODONOUGH, HOLLAND, SGHWARTZ & ,ALLEN
I A PROFESSIONAL CORPORATION
MARTIN MCDONOUGH ATTORNEYS FELIX S. WAHRHAFTIG
ALFRED E. YOLLAND
MILTON L. SCHWARTZ (1909-t9G9)
BRUCE F. ALLEN
V. BARLOW GOFF - ..,arch 23, 1977 SSS CAPITOL MALL, SUITE SSO
JOSE;•4 E. COOMES, JR,
WILLIAM G. HOLE.IMAN,JR, SACRAMENTO, CALIFORNIA. 9S814
DAVID J. SPGTTISWOOD TELEPHONE 916 444-3900
EL
EA EF R. MALA1=1'
DONALD C. POO LE
RICHARD W. OSEN :OUR. FILE NUMBER
RICHARD E, BRANDT
GARY F, LOVERIDGE
DAVID-W. POST
SUSAN K, ED LING.
G, RICHARD RROWN -
NATHANI.EL A. HOFFMAN
MICHAEL LTUFT
JACOUELIN.E W. MARTINS
ALICE A)NOODYARD
Alicia M. Wentworth
Clerk, Redevelopment Agency
City, of Huntington Beach
P. O. Box 190
Huntington Beach, CA 92648
Dear Ms. Wentworth:
Pursuant to your letter request of March 15, 1977,
1 have signed and am returning herewith to you the executed
Agreement for Regal Services.
Very truly yours,
,oseph E. Coomes, r.
JEC:nm
Enclosure
City of Huntington Beach
° R.O. Box ISO CALIFORNIA 9260
OFFICE OF THE CITY CLERK
March 15, 1977 v'
McDonough, Holland, Schwartz & Allen
Attorneys at Law
555 Capitol Mall
Suite 950
Sacramento, CA 95814
ATTN: Joseph E. Coomes, Jr.
Dear Mr. Coomes:
The; Redevelopment Agency at its adjourneee meeting, held
Monday, March 14, 1977, adopted Resolutik.,j ,authorizing a
legal services contract with McDonough, Ho, Schwartz & Allen.
We are enclosing a copy of resolution No. :her with the
original contract for your signature. v--barn the signed
contract to our office as soon as possib16 , and tip will return a
copy for your records.
Sincerely yours,
Alicia M. Wentworth
Clerk, Redevelopment Agen,oy
A01:CB, sh
s