HomeMy WebLinkAbout3/21/2018 - STAFF REPORTS - 1.P. VA S'O4
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°q<009 *P CITY COUNCIL STAFF REPORT
DATE: March 21, 2018 CONSENT CALENDAR
SUBJECT: ENGAGEMENT OF LEGAL COUNSEL, COTA COLE & HUBER
FROM: David H. Ready, City Manager
BY: Edward Z. Kotkin, City Attorney
SUMMARY
The City Attorney proposes to engage the services of a specialized municipal code
enforcement law firm. The City Attorney anticipates that Cota Cole & Huber may also
provide other transactional and litigation services to the City of Palm Springs.
RECOMMENDATION:
1) Approve Agreement No. , a Professional Services Agreement with Cota
Cole & Huber LLP in a form substantially similar to that published with this
staff report, subject to minor modification, within the reasonable discretion of
the City Attorney (ATTACHMENT A);
2) Authorize the City Manager to execute all necessary documents
STAFF ANALYSIS:
In May 2017, the City of Palm Springs established the Office of the City Attorney as an
in-house department to lead and coordinate in the direction and provision of all legal
services to the City.
The City Attorney has determined that it would be in the City's interest to establish a
special counsel relationship with the law firm Cota Cole & Huber. A proposal from Cota
Cole is attached to this report as ATTACHMENT B. Sonia Carvalho, the liaison from
Best, Best & Krieger brought the prospect of engaging Cota Cole to the City Attorney's
attention. Ms. Carvaho serves as the City Attorney of Santa Ana, and has had a very
positive experience with Cota Cole providing code enforcement services in that city.
The firm has agreed to provide services at the following rates: Negotiations (Peter
Brown): $200.00/hour - Partners and Senior Associates; $185.00/hour - Associate,
Attorneys: $165.00/hour— Paralegals.
REM NO.�,,�_
City Council Staff Report
March 21, 2018-- Page 2
ENGAGEMENT OF SPECIAL LEGAL COUNSEL, COTA COLE & HUBER
The City Attorney has reviewed the agreement proposed for execution, and discussed
its specific terms with Mr. Dennis Cota. Absent Council direction to the contrary, the City
Attorney anticipates that the agreement will be signed as presented here, but requests
authority for minor modifications.
ALTERNATIVES:
Reject the proposed professional services agreements.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
The proposed agreement is not a "project' for purposes of the California Environmental
Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section
15378. Engagement of lawyers is an organizational or administrative activity by the City
of Palm Springs in furtherance of its police power, and will not result in a direct or
indirect physical change in the environment, per section 15378(b)(5) of the Guidelines.
FISCAL IMPACT:
Sufficient funding is budgeted and available in contractual legal services, Account No.
001-1200-43220.
Edward Z. Kotkin, David H. Ready, Esq., Ph.D
City Attorney City Manager
Attachments:
A. Professional Services Agreement
B. Cota Cole & Huber Proposal
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ATTACHMENT A
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PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and entered into
as of this day of March, 2018, by and between the CITY OF PALM SPRINGS, a California
charter city and municipal law corporation ("City"), and COTA COLE & HUBER (hereinafter
"Firm").
RECITALS
A. The City of Palm Springs, pursuant to its authority under the City Charter and all
applicable law, acting by and through the City Manager, desires to contract with Firm to provide
legal services for the City, on an on-going basis, as may be requested or required by the City
Attorney or City Council, including without limitation code enforcement, and transactional or
litigation services arising from and related to municipal matters.
B. Firm is qualified to and desires to perform the foregoing professional services as
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necessary for the support of the City Attorney and the City Council.
C. City and Firm wish to provide for the terms and conditions of retaining and
employing Firm to provide legal services as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties agree as follows:
AGREEMENT
1. Retention of Firm. Identification of Individual Legal Counsel
City hereby retains and employs Firm to provide legal services as may be requested or
required in support of the City Attorney or the City Council. However, City and Firm understand
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and agree that Dennis Cota will serve as Firm's liaison to the City Attorney regarding all services
hereunder. Services hereunder shall include but are not necessarily limited to code
enforcement, and transactional or litigation services arising from and related to municipal
matters.
2. Independent Contractor.
Firm and any attorneys or other persons employed by Firm, shall at all times be
considered an independent contractor and not an employee of the City and not entitled to any
benefits of the City's employees. Except to the extent provided herein, the City and its
employees shall not have any control over the conduct of Firm.
3. Fees, Costs, and Expenses.
3.1 City agrees to pay Firm at the rates set forth in Exhibit "A," which is attached
hereto and is incorporated herein by reference.
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3.2 City agrees to pay out-of-pocket costs and expenses associated with Firm's work
pursuant to Exhibit "A."
4. Statements/Task-Billing. Firm shall prepare and present to City detailed
monthly statements for professional and other services rendered to City for the month
preceding the statement, indicating each task performed by Firm. City shall pay the statements
within thirty (30) days of receipt of the same. Firm shall update City, upon request, regarding
the status of Firm's billings.
5. Insurance and Indemnification.
5.1. Firm shall carry Professional Liability/Errors and Omissions insurances in an
amount not less than one million dollars ($1,000,000.00) per occurrence and
($2,000,000.00) in aggregate. All insurance coverage shall be provided by an
insurance company with a rating of A-, VII or greater in the latest edition of Best's
Insurance Guide and authorized to do business in the State of California. Such
policies shall not be canceled or materially changed absent thirty (30) days' prior
written notice to the City. With respect to Professional Liability/Errors and
Omissions insurance, Firm agrees to maintain such insurance for at least three (3)
years after termination of this Agreement as long as such insurance is reasonably
available on the market.
5.2. Firm agrees to indemnify, defend and hold harmless, the City, its City Council,
officers, agents and employees from and against and claim, demands, damages,
injury or judgment which arises out the negligent performance or willful
misconduct of Firm in performing under this Agreement.
6. Term and Termination. The term of this Agreement shall continue until
terminated by either party. Firm shall serve under the terms of this Agreement at the pleasure
of City, and by a majority vote of the City Council, City hereby reserves the right to terminate this
Agreement upon ten (10) days written notice to Firm for any reason or to require substitute
attorney personnel. In the event that Firm's services are terminated, all unpaid charges shall be
due and payable to Firm for work actually performed up to the time of termination and for any
other work Firm completes at the direction of the City. Firm may terminate this Agreement with
or without cause upon ninety (90) days written notice to the City.
7. Notice. Any notices required by this Agreement shall be given by personal
service or by delivery of such notice by first-class mail, postage prepaid. Such notices shall be
addressed to each party at the address listed below. Either party may change the information in
such notice upon written notice as provided herein.
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City: Firm:
City of Palm Springs Cota, Cole & Huber LLP
3200 E. Tahquitz Canyon Way 3401 Centrelake Drive, Suite 670
Palm Springs, CA 92263-2743 Ontario, CA 91761
Attn: City Attorney Attn: Dennis Cota, Partner
Phone: 760.323.8205 Phone: 909.230.4209
8. City Officers and Employees; Non-Discrimination.
8.1 No officer or employee of the City shall be personally liable to the Firm, or any
successor-in-interest, in the event of any default or breach by the City or for any amount which
may become due to Firm or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Firm acknowledges that no officer or employee of the City has or shall have any
direct or indirect financial interest in this Agreement nor shall Firm enter into any agreement of
any kind with any such officer or employee during the term of this Agreement and for one year
thereafter. Firm warrants that Firm has not paid or given, and will not pay or give, any third
party any money or other consideration in exchange for obtaining this Agreement.
8.3 In connection with its performance under this Agreement, Firm shall not
discriminate against any employee or applicant for employment because of actual or perceived
race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin,
immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender
identity, gender expression, physical or mental disability, or medical condition (each a
"prohibited basis"). Firm shall ensure that applicants are employed, and that employees are
treated during their employment, without regard to any prohibited basis. As a condition
precedent to City's lawful capacity to enter this Agreement, Firm shall certify that its actions and
omissions hereunder shall not incorporate any discrimination arising from or related to any
prohibited basis in any Firm activity, including but not limited to the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship; and further, that Firm is in full compliance with the provisions of Palm Springs
Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating
to non-discrimination in city contracting.
9. Conflicts of Interest. Firm represents that it presently has no interest and shall
not acquire any interest, direct or indirect, in any legal representation which is in conflict with
the legal services to be provided the City under this Agreement. Firm represents that no City
employee or official has a material financial interest in Firm. During the term of this Agreement
and/or as a result of being awarded this contract, Firm shall not offer, encourage or accept any
financial interest in Firm's business from any City employee or official.
10. Files. All legal files of Firm pertaining to the City shall be and remain the property
of City. Firm shall control the physical location of such legal files in a secure and accessible
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location during the term of this Agreement and be entitled to retain copies of such files, at
Firm's expense, upon termination of this Agreement. City agree that the Firm may, in its
discretion, maintain all or part of the City's client file in electronic format. The Firm may store
part or all of City documents using secure cloud storage services. If so, the Firm will apply all
reasonable methods to maintain the confidentiality of City files, just as it does for City's non-
digital information. City data will be password protected and encrypted using currently available
technology. The City may obtain information from its files by written request to the Firm.
11. Modifications to the Agreement. Unless otherwise provided for in this
Agreement, modifications relating to the nature, extent or duration of Firm's professional
services to be rendered hereunder shall require the written approval of the parties. Any such
written approval shall be deemed to be a supplement to this Agreement and shall specify any
changes in the Scope of Services and the agreed-upon billing rate to be charged by Firm and paid
by the City.
12. Assignment and Delegation. This Agreement contemplates the personal
professional services of Firm and it shall not be assigned or delegated without the prior written
consent of the City. Firm shall supervise delegated work, except where precluded from doing so
by virtue of a conflict of interest and where otherwise agreed to by the parties hereto.
13. Legal Construction.
13.1 This Agreement is made and entered into in the State of California and
shall, in all respects, be interpreted, enforced and governed under the laws of the State
of California.
13.2 This Agreement shall be construed without regard to the identity of the
persons who drafted its various provisions. Each and every provision of this Agreement
shall be construed as though each of the parties participated equally in the drafting of
same, and any rule of construction that a document is to be construed against the
drafting party shall not be applicable to this Agreement.
13.3 The article and section, captions and headings herein have been inserted
for convenience only, and shall not be considered or referred to in resolving questions of
interpretation or construction.
13.4 Whenever in this Agreement the context may so require, the masculine
gender shall be deemed to refer to and include the feminine and neuter, and the singular
shall refer to and include the plural.
15. Entire Agreement. This Agreement contains the entire agreement and
understanding of the parties with respect to the subject matter hereof, and contains all
covenants and agreements between the parties with respect to such matter.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
indicated in the preamble to this Agreement and represent that they are authorized to bind their
respective parties.
ATTEST: CITY OF PALM SPRINGS
By: By:
Anthony Mejia, David H. Ready,
City Clerk City Manager
APPROVED AS TO FORM:
By:
Edward Z. Kotkin
City Attorney
COTA COLE & HUBER
By:
Signature
Printed Name
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EXHIBIT"A"
COTA COLE & HUBER
Rates and Billing Practices
1. Rates: Effective March 1, 2018, the hourly rates for legal personnel on this matter are as
follows:
Partners &Senior Associates $ 200.00/hour
Associate Attorneys $ 185.00/hour
Paralegals $ 165.00/hour
Billing Practices:Time is charged in minimum units of one-tenth (. 1) of an hour.
The time charged will include the time spent on telephone calls relating to City's matter,
including calls with City, witnesses, opposing counsel, court personnel, state filing agencies, vendors,
and other necessary telephone calls. The legal personnel assigned to City's matter may confer among
themselves about the matter, as required and appropriate. When they do confer, each person will
charge for the time expended, as long as the work done is reasonably necessary and not duplicative.
Likewise, if more than one of the legal personnel attends a meeting, court hearing, or other
proceeding, each will charge for the time spent, as long as the attendance is required and appropriate.
Firm will charge for waiting time in court and elsewhere and for travel time, both local and out of
town.
2. Costs and Other Charges:
(a) Firm may incur various costs and expenses in performing legal services under this
Agreement. City agrees to pay for all costs, disbursements, and expenses in addition to the hourly
fees. The costs and expenses commonly include, service of process charges, filing fees, court and
deposition reporters' fees, jury fees, notary fees, deposition costs, long distance telephone charges,
messenger and other delivery fees, postage, photocopying and other reproduction costs, travel costs
including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultants'
fees, expert witness, professional, mediator, arbitrator and/or special master fees, and other similar
items. Except for the items listed below, all costs and expenses will be charged at Firm's cost.
• In-office photocopying: $0.10/page
• Mileage: Per IRS Mileage Rates, currently$0.545/mile
(b) Out of town travel. Client agrees to pay transportation, meals, lodging and all other costs of
any necessary out-of-town travel by Firm's personnel.
(c) Experts, Consultants and Investigators. To aid in the preparation or presentation of City's
matter, it may become necessary to hire expert witnesses, consultants or investigators. City agrees to
pay such fees and charges. Firm will select any expert witnesses, consultants or investigators to be
hired, and City will be informed of and have the opportunity to consent to persons chosen and their
charges.
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(d) Other Fees. City understands that if any matter proceeds to court action or arbitration, City
may be required to pay fees and/or costs to other parties in the action. Any such payment will be
entirely the responsibility of City.
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ATTACHMENT B
Dennis M.Cota Karen A.Feld Elizabeth M.Perez
Derek P.Cole Sean D.De Burgh Anita Bamshad
() COTACOLE&HUBERLLF SOB E.Huber Ronald J.Scholar Sunny H.
Huynh
Daniel S.Roberts David G.Ritchie Kareem Arefref
A T T O K N E Y S Carolyn J.Frank Matthew S.Kane
Elizabeth L.Martyn Samantha L.Chen
Dennis M.Cots. REPLY TO:
dCOtB@COtaI8WI1rm.COm El ROSEVILLE ❑MONTEREY
❑ONTARIO
March 9, 2018
VIA EMAIL(EDWARD.KOTKIN R@PALMSPRINGSCA.GOV)
Edward Kotkin
City Attorney
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Cota Cole & Huber LLP Proposal
Dear Mr. Kotkin:
Attached is the proposal of Cota Cole & Huber LLP to provide code enforcement
services to the City of Palm Springs. As detailed in the attached summary, the Firm has the
experience and resources to promptly and effectively respond to the City's code enforcement
issues, whether such response requires advice counsel, litigation, representation in contested
matters or appeals, or receivership services. From our regional office in Ontario, California, the
litigation team at Cota Cole &Huber will provide the City accurate, efficient, and cost-effective
representation on the full spectrum of issues arising from violations of the City's Municipal
Code.
We are prepared to represent the City of Palm Springs in the matter that was the subject
of our recent discussion, as well as in any pending or future code enforcement cases, on the
following terms:
Hourly rats: $200/hour for partner and senior associate attorneys
$185/hour for associate attorneys
$165/hour for paralegals
A detailed engagement agreement addressing mutually acceptable terms relating to cost
reimbursement and standard detail will be provided under separate cover on your request.
If retained, the Finn will work closely with the City to assure that services are timely
provided within the budget specified by the City. We will provide regular status reports and
detailed monthly invoices describing the work performed. No extraordinary expense will be
undertaken without advance approval. The City will be provided contact information for all
attorneys handling any matter, and the City will receive same-day response to all inquiries
whenever possible, and in no event more than one business day from when a call is placed.
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2261 lava Ridge Court 13401 Centrelake Drive,Suite 670 1200 Sky Park Drive
{DMC/00057200.2 J Roseville,CA 95661 Ontario,CA 91761 Monterey,CA 93940
Tel916-780-9009 Tel909-230-4209 Tel831-275-1870
Fax 916-780-9050 Fax 909-937-2034 Fax 916-780-9050
Edward Kotkin
March 9, 2018
Page 2
I will be responsible for management of all matters and will personally handle those cases
that you feel involve extraordinary complexity or unusual issues. I have included for your
consideration the biographies of the other attorneys available to the City, including those
associates who would be assigned to the less complex code violation litigation matters. I am
confident you will find that the litigation team at Cota Cole &Huber will provide the City of
Palm Springs exceptional representation,meeting the City's needs with the skill and expertise
necessary to secure the best available result for the City. We look forward to the opportunity to
be such a resource to you and the City of Palm Springs.
It is our understanding that on March 21, 2018,the Firm's proposal will be presented to
the City Council for approval. I would be glad to be present to respond to any questions at that
time. Please let me know your preference in that regard. In the interim, I look forward to
meeting you and am available to come to the City, as your schedule permits, starting March 15,
2018.
Thank you, again, for the opportunity to provide legal services to the City of Palm
Springs.
Sincerely,
D s o
TA COLE &HUBER LLP
DMC/rcw
Attachment
13
{DMG00057200.2}
• • i♦ •
PROPOSAL FOR
CODE ENFORCEMENT SERVICES
TO THE
CITY OF PALM SPRINGS
Roseville Ontario Monterey
2261 Lava Ridge Court 3401 Centrelake Drive,Suite 670 200 Sky Park Drive
Roseville,CA 95661 Ontario,CA 91761 Monterey, CA 93940
Phone:916-780-9009 Phone:909-230-4209 Phone:831-275-1870
Fax:916-780-9050 Fax:909-937-2034 Fax:916-780-9050
Introduction • Our Firm
Cota Cole & Huber LLP was founded in 2007 by attorneys who left a large, statewide
law firm to form a top-quality, responsive, and cost-effective law firm focused on
representing cities, counties, and other public agencies. In the decade since the firm
was founded, the firm has grown to 16 attorneys who represent several cities and other
local agencies from two principal offices, including our original office in Roseville, a
Southern California office in Ontario, and an office on the coast in Monterey.
Cota Cole & Huber has distinguished itself in the area of local agency litigation,
including the full spectrum of code enforcement, on behalf of municipal clients state-
wide. We have successfully represented our public clients in a wide variety of litigation
matters in state and federal courts across California and in a broad range of
administrative forums. Our attorneys have achieved our municipal clients' objectives in
jury trials, bench trials, arbitrations, mediations, and proceedings before a wide range of
administrative bodies across the state.
Below is a description of the scope of legal services available from our team of
specialists.
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Legal Services Provided
Our firm provides litigation services to cities in the following areas. We include brief
descriptions of our qualifications for each area of practice.
A. Code Enforcement
The team of municipal specialists at Cota Cole & Huber are uniquely qualified to handle
civil code enforcement litigation and, where appropriate, criminal prosecution of
violations of the City of Palm Springs' Municipal Code. Our extensive experience in this
area includes effective responses to Health and Safety Code violations; Building Code
enforcement, including receiverships, prosecution of actions under Business and
Professions Code section 17200; and representation of our municipal clients in
contested actions giving rise to administrative appeals of code enforcement. Code
enforcement actions successfully handled by our litigation team include everything from
the more routine matters, such as signage violations, weed abatement, or violations of
noise ordinances, to more complex matters including dangerous nuisance abatement,
marijuana dispensary litigation, and litigation of zoning and permit violations relating to
adult entertainment, short-term rentals, hazardous waste storage, and even junkyards.
We have effectively utilized inspection warrants, abatement warrants, and where
directed, appointment of receivers to secure relief from ongoing violations of Municipal
Code violations.
Our ability to provide assistance in addressing Municipal Code violations is not limited to
litigation. While we are exceptionally effective in the handling of litigation, we have also
been a resource by advising on additional solutions, including steps such as updating
and amending Municipal Code provisions to clarify ambiguities and preclude abuse.
We work closely with our municipal clients to identify creative and cost-effective
solutions where alternatives to litigation are possible. Whether the preferred response
is an administrative solution, civil litigation, or criminal prosecution, the team at Cota
Cole is prepared to provide prompt, effective results.
As municipal attorneys, we are sensitive to the economic challenges that face every
public entity. Our careful management of litigation costs extends to our work in code
enforcement. We will provide cost estimates in advance of beginning work and work
closely with City staff to assure that litigation matters are handled in a cost-effective,
economically prudent manner consistent with the City's objectives. When code-violation
cases can be effectively addressed through appointment of a receiver, and cost
recovery can be directed to an offending property owner, we will present the City with
an economic evaluation of the receivership option and proceed at the direction of the
Council. We understand that the costs associated with code violations take many
forms, beyond the immediate expense of litigation. Recognizing that costs can extend
to impacts on the community and other noneconomic and political costs, we will always
be mindful of the best interests of the City, and as to each code enforcement matter, we
will advise carefully and proceed consistently with the goals and objectives of our client.
Efficient handling of code enforcement matters will include utilizing the highly
experienced senior litigators of the Firm, including Dennis Cota, Derek Cole, Daniel
Roberts, and Carolyn Frank on complex and high-profile matters. When the case
involves more routine issues, skilled, but less expensive, associates will be assigned to
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provide the same accurate, effective representation, but in the most cost-effective
manner. Associates ready to address such code enforcement needs include Anita
Bamshad, Sunny Huynh, and Kareem Aref. Summaries of the litigation team
biographies appear below.
B. General Tort Defense
Cota Cole & Huber has defended cities and city officials against a wide range of tort
claims, including dangerous-condition and property-damage claims. The firm's
attorneys have litigated cases in all federal courts within California and several superior
courts throughout the state. We are well versed in the panoply of defenses available to
public employees and agencies under the Government Claims Act and federal law.
C. Civil Rights Defense
Representing sheriff, police, and fire departments around the state, Cota Cole & Huber
has a proven record of success in effectively defending against Section 1983 and Unruh
Act claims, as well as other charges of constitutional rights violations. With extensive
experience in both state and federal court, our litigators have the skill and experience to
effectively defend cities and their safety personnel in civil rights and related matters.
Our attorneys also represent cities and other public agencies in cases brought under
the Americans with Disabilities Act, Unruh Act, and related statutory provisions. We are
often able to resolve such matters quickly and efficiently, minimizing not only the
agency's own defense costs, but also its potential liability for plaintiff's attorney's fees.
D. Labor and Employment Litigation and Administrative Proceedings
Our firm has handled all types of municipal employment litigation, including defense of
Department of Fair Employment and Housing (DFEH) claims, Civil Service Commission
claims, proceedings before the Public Employee Relations Board (PERB), defense of
actions arising from claims before the Equal Employment Opportunity Commission
(EEOC) and the State Personnel Board, and actions under the Family Medical Leave
Act (FMLA) and the Fair Labor Standards Act (FLSA), as well as labor negotiations.
Our experience in state and federal court has produced exceptional results for our
clients, particularly in matters involving disability discrimination and alleged violations of
the interactive process.
E. Land Use, Environmental, and Real Property Law
Cota Cole & Huber attorneys are well experienced in defending clients against third-
party claims involving sale and leasing of contaminated property, rights-of-way and
easements, property disposal, and public improvements. We are familiar with CERCLA,
the California Hazardous Substance Account Act, RCRA, the Porter-Cologne Act, air
and water quality, water supply and rights, and utilities issues.
Cota Cole & Huber also represents clients in all types of land use and environmental
litigation. We have particular experience in matters involving CEQA, general plans,
zoning, use permits, and the Subdivision Map Act. We have unique experience in
matters arising under the Surface Mining and Reclamation Act and Williamson Act.
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Biographies of Litigation Attorneys
Dennis M. Cota (Bar No. 127992, admitted 1987). Firm co-founder and managing
partner Dennis Cota is a litigation specialist with more than 25 years of experience
representing both public entities and private clients before the State and Federal Bar.
His extensive trial experience includes complex civil litigation in the areas of land use,
environmental issues, 42 U.S.C. § 1983, civil rights, and municipal defense. His
courtroom expertise extends to matters involving real estate, contract, labor
(management side), and business. He has successfully brought to trial over 18 bench
and jury trials in state and federal court, and received mediation training at the Strauss
Institute, Pepperdine School of Law.
Mr. Cota's experience includes numerous semesters as a trial practice instructor at U.C.
Davis School of Law, and previously as an instructor of civil procedure and evidence
courses at the University of California Riverside Extension Program, as well as a guest
lecturer at the University of La Verne School of Law. He has also served as a Judge
Pro Tem in Los Angeles County, Citrus Judicial District.
Prior to founding Cota Cole & Huber in 2007, Mr. Cota was managing partner of the
Sacramento office of Best Best & Krieger LLP and held the same position previously for
the firm's Ontario office.
Mr. Cota earned his Bachelor of Arts degree in Political Science in May 1983 from the
University of California, Los Angeles, and obtained his Juris Doctorate in May 1986 from
the University of California, Davis Law School. In August 1989, he graduated from the
National Institute of Trial Advocacy Skills Program, and in March 1998 from Teaching
Advocacy Skills Program at Harvard University.
Derek P. Cole (Bar No. 204250, admitted 1999). Mr. Cole has significant experience,
both as advice counsel and as a litigator. He has been named as a "Superlawyer"
(2015, 2016) and "Rising Star" (2013, 2014) in Northern California Superlawyers
Magazine; as a "Top Lawyer" in Sacramento Magazine (2015, 2016); and as a "Best of
the Bar" honoree in the Sacramento Business Journal (2014, 2016). Mr. Cole has
litigated all types of municipal litigation matters. Among other things, he has litigated
many types of Section 1983 cases and other liability/exposure cases.
Mr. Cole is especially skilled in land use and environmental law and regulations, having
handled numerous matters pertaining to general plans, zoning, the California
Environmental Quality Act (CEQA), the Subdivision Map Act, Surface Mining and
Reclamation Act, and Williamson Act. Mr. Cole also has special expertise in code
enforcement; Propositions 13, 62, and 218; and matters involving special districts.
Mr. Cole co-founded Cota Cole & Huber with Dennis Cota in January 2007. Between
2004 and 2007, Mr. Cole worked in the Sacramento office of Best Best & Krieger LLP,
where his practice focused on municipal and environmental litigation. Between 1999
and 2004, Mr. Cole was an associate attorney at Taylor & Wiley, a Sacramento firm,
where his practice focused on land use entitlements and environmental law. 18
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Mr. Cole is a published author. His book, California Surface Mining Law, was released
in 2009 by Solano Press Books. Between 2003 and 2005, Mr. Cole taught legal writing
and research to first-year students at McGeorge School of Law. From 1999-2003, he
taught Appellate Advocacy at McGeorge.
Mr. Cole graduated from the University of the Pacific, McGeorge School of Law in 1999.
At McGeorge, Mr. Cole was admitted to the Order of the Coif, Order of Barristers, and
Traynor Honor Society. Prior to attending law school, he graduated from the University
of California, Santa Barbara in 1996, with a B.A. in Law and Society.
Daniel S. Roberts (Bar No. 205535, admitted 1999). Mr. Roberts is the managing
partner of the Southern California office of Cota Cole & Huber LLP in Ontario, and
represents municipal entities, particularly in federal court. His practice areas include
municipal liability, civil rights defense, contract issues, land use, marijuana-dispensary
abatement, creditor-side bankruptcy issues, and LAFCO disputes. He has successfully
defended numerous civil-rights actions in state and federal court, including excessive-
force and wrongful arrest claims, allegations of illegal search and seizure, disability-
access issues, and other alleged civil-rights violations. He has also successfully
obtained injunctions against unlawful land uses and defended challenges to various
LAFCO actions, including annexations and consolidations of local agencies. In the
bankruptcy arena, he has successfully represented public agencies both in their role as
creditor and in their enforcement of police powers against debtors.
Mr. Roberts sits on the Board of Directors of the Inland Empire Chapter of the Federal
Bar Association and is a past president of the chapter. He is also an Attorney
Settlement Officer on the Mediation Panel for the U.S. District Court for the Central
District of California. He previously has served on the California League of Cities'
Public Safety Policy Committee and as a lawyer representative to the Ninth Circuit
Judicial Conference.
Mr. Roberts earned his law degree from the University of Southern California Law
School in 1999, where he was elected to the Order of the Coif. While there, he was a
Senior Editor for the Southern California Interdisciplinary Law Journal, in which he
published his student note. He earned his Bachelor of Arts degree, magna cum laude,
from the University of Southern California in 1996 with a double major in Political
Science and American Studies and a minor in U.S. and Latin American History.
Prior to joining Cota Cole & Huber, Mr. Roberts was the managing partner of the Irvine
office of Best Best & Krieger LLP. Prior to entering private practice, he served as a
judicial law clerk for the Honorable Virginia A. Phillips, U.S. District Judge for the Central
District of California in Riverside.
Karen A. Feld (Bar No. 162773, admitted 1992). Ms. Feld's primary focus is municipal
law, general litigation, land use, and environmental law. She has more than two
decades of experience in these fields, representing both public and private clients.
Ms. Feld has represented cities, school districts, public transit agencies, and
redevelopment agencies in municipal, redevelopment, and education law, including
contracting, the Brown Act, the Government Claims Act, ADA, CEQA, conflict of
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interest, and general litigation. She has jury and court trial experience in civil and
criminal matters.
She is a Hearing Officer for the Mountains Recreation and Conservation Authority, and
a Judge Pro Tem in Riverside and San Bernardino Counties.
Ms. Feld earned her Juris Doctorate from the University of Southern California, where
she was involved in the Moot Court Honors Program. She earned her undergraduate
degree in History from the University of California, Riverside.
Outside of the office, Ms. Feld is a regular public speaker, offering presentations and
speaking engagements for the last two decades. She has also authored several articles
for prominent publications. Ms. Feld has been named as one of Los Angeles
Magazine's Top Women Attorneys in Southern California (2012, 2013, 2014, 2015,
2016), California Super Lawyer (2013, 2014, 2015), and Daily Journal's California Top
Women Lawyer (2011), Los Angeles Magazine's Top Attorneys in Southern California
(2012, 2013, 2014, 2015).
Ms. Feld is a black belt in martial arts, a Half IronMan triathlete, an All American
Swimmer (1996, 1998, 1999) and swam for the United States Masters Team at the
FINA World Championships in 2014.
Ronald J. Scholar (Bar No. 187948, admitted 1998; Georgia Bar, admitted 1993). A
partner in the firm's Roseville office, Mr. Scholar brings over 20 years of experience in
the representation of public entity clients. Mr. Scholar's expertise is in providing advice
and counsel to, and litigating on behalf of, public agencies in matters involving
employment law and general public agency matters.
A skilled trial attorney, Mr. Scholar brings the same focus and attention to detail from his
trial practice to advising public agency clients as he assists them in navigating the
myriad of laws and regulations and resolving disputes relating to public agencies. This
includes matters involving access to public records, open meeting requirements,
employee investigations and discipline, discrimination and harassment in the workplace,
employee privacy, use of social media in the workplace, evaluation and litigation of
matters involving dangerous conditions of public property and the intersection of
employee civil rights and legitimate needs of the public employer.
Mr. Scholar recently joined Cota Cole & Huber after 11 years with Kronick, Moskovitz,
Tiedemann & Girard, where he was a shareholder and represented numerous public
agencies in employment, liability, and litigation matters. From 1998 to 2005,
Mr. Scholar was a partner at Angelo, Kilday and Kilduff, where he specialized in
representing public entities in all manner of litigation. Prior to that Mr. Scholar was a
Public Defender in Atlanta Georgia, where he represented indigent defendants in
criminal matters at trial and on appeal.
Mr. Scholar graduated from the Santa Clara University School of Law in 1993. At Santa
Clara, Mr. Scholar was an Emery Scholarship recipient and a member of the Moot Court
Honors Board. Prior to attending law school, he graduated with honors from the
University of California-Santa Barbara with a Bachelor of Arts degree in Sociology.
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Carolyn J. Frank (Bar No. 245479, admitted 2006). Ms. Frank is the Chair of the Cota
Cole & Huber Litigation Department. She is a partner focusing on civil litigation and has
represented public agencies in matters that pertain to civil rights, labor and employment,
municipal taxation, and public safety issues, among others. Ms. Frank was a principal
member of the successful trial team from Cota Cole that defended a civil action brought
by a former Deputy Sheriff against the County of Madera. She was also on the trial
team that secured a defense verdict where a Madera County Sheriffs Sergeant alleged
gender discrimination against the County. Ms. Frank's expertise includes property tax
and complex contract litigation.
Prior to joining Cota Cole, Ms. Frank clerked for the Honorable Garland E. Burrell, Jr., in
the Eastern District Court of California.
Ms. Frank graduated first in her class from the McGeorge School of Law in 2006. In
2016, she was recognized as a "Rising Star" in Northern California Superiawyers
Magazine.
Sean D. De Burgh (Bar No. 264713, admitted 2009). Mr. De Burgh serves clients
throughout the state. He represents public and private clients in a wide array of matters
in both state and federal courts. Mr. De Burgh's practice includes litigation, non-
litigation advice counsel, and general counsel work for numerous public agencies and
private clients. Mr. De Burgh's litigation experience has emphasized employment/labor,
general liability defense, civil rights, and police defense.
Mr. De Burgh is an active participant in the California Special District Association
("CSDA') and Public Agency Risk Managers Association ("PARMA"). He currently
serves on CSDA's Professional Development and Elections & Bylaws Committees. He
is routinely asked to present at CSDA and PARMA conferences.
Mr. De Burgh is dedicated to the diligent, cost-efficient, service-oriented practice of law
with the highest standards of ethical responsibility. He excels in achieving positive
results for his clients faced with complex legal issues and disputes.
Upon graduating from Brigham Young University, Mr. De Burgh received his law degree
from the University of the Pacific, McGeorge School of Law. At McGeorge, he was a
finalist in regional Client Counseling competitions, and earned honors in Persuasive
Legal Writing. He was also on the Dean's Honor Roll.
Anita Bamshad (Bar No. 312666, admitted 2016). Ms. Bamshad is an associate
attorney with the firm's civil litigation group, specializing in municipal defense litigation.
Ms. Bamshad's practice areas also include providing advice counsel to municipal
agencies, labor and employment, and local government policy and procedures. She
has experience preparing pleadings, motions, mediation briefs, and jury instructions, in
addition to propounding and responding to all forms of written discovery. Ms. Bamshad
also has examined witnesses at arbitration hearings and successfully argued Pitchess
motions.
Ms. Bamshad received her Juris Doctorate from U.C. Davis School of Law (King Hall).
During law school, she served as an extern for the Honorable Gonzalo P. Curiel at the
U.S. District Court for the Southern District of California, and was a law clerk for the
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U.S. Attorney's Office for the Eastern District of California. Ms. Bamshad also served
as a research assistant to Professor Andrea Cann Chandrashekhr, studying the effects,
nation-wide, of police officer labor strikes and slow-downs and other act of concerted
activity.
In law school, Ms. Bamshad distinguished herself academically, and was elected to the
Order of the Barristers for her achievements in the law school's appellate advocacy
program. Ms. Bamshad is recognized for her exceptional skills in crafting and delivering
clear and concise oral argument and was awarded best year-long oral advocate in
appellate advocacy, and first-place in the law school's moot court competition.
Sunny H. Huynh (Bar No. 318012, admitted 2017). Ms. Huynh is a public law litigation
associate in the Ontario office of Cota Cole & Huber LLP. Her practice is focused on
litigation defense and emphasizes code enforcement and police defense.
Ms. Huynh graduated from U.C. Davis School of Law, where she received Witkin
Awards for Academic Excellence in Business Associations and Legal Ethics and
Corporate Practice. During law school, she served as a teaching assistant for Torts for
two years. Ms. Huynh received her Bachelor of Arts degree, cum laude, at University of
California, Irvine. She is admitted to practice in all Superior Courts in California, as well
as the United States District Court, Central District of California, and Eastern District of
California.
Ms. Huynh is fluent in Vietnamese.
Kareem S. Aref (Bar No. 318015, admitted 2017). Mr. Aref is a litigation associate in
the Ontario office of Cota Cole & Huber LLP, where he has focused his practice on
federal civil rights defense cases, land use, and code enforcement. Mr. Aref is a leader
in the American Bar Association and various local bar associations.
Mr. Aref earned his Juris Doctorate from the University of California, Davis, where he
was elected to the Order of the Barrister and the Top Gun Bar Association (granted to
the 16 best individual student advocates in the nation). Mr. Aref further distinguished
himself academically by earning the Witkin award for the best grade in the evidence
course. During law school, Mr. Aref served as a Legal Research and Writing Teaching
Assistant and won school-wide and national championships in trial advocacy and other
practical skills competitions.
Prior to joining the firm, Mr. Aref spent two years working as a Certified Law Clerk for
the Sacramento District Attorney's office, where he worked on various matters, including
infractions, misdemeanors, insurance fraud, arraignments, and felony law in motion
hearings. During his time with the prosecutor's office, Mr. Aref often managed dozens
of cases in any given afternoon to ensure efficient and effective administration of justice.
His experience has made him uniquely qualified to provide top quality code enforcement
services very early on in his career.
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References
PROFESSIONAL REFERENCE CONTACT INFORMATION
Sonia R. Carvalho Phone: (949) 263-2603
City Attorney Email: Sonia.Carvalho@bbklaw.com
City of Santa Ana
20 Civic Center Plaza, 7th Floor
Santa Ana, CA 92702
Al C. Boling Phone: (909) 395-2010
Assistant City Manager Email: ABoling@ontarioca.gov
City of Ontario
415 East B Street
Ontario, CA 91764
Mike Burrows Phone: (909) 382-4100
Executive Director Email: executivedirector@sbdairport.com
San Bernardino Internat'I Airport Auth.
1601 E. Third Street, Suite 100
San Bernardino, CA 92408
John M. Luebberke Phone: (209) 937-8333
City Attorney Email: John.Luebberke@stocktonca.gov
City of Stockton
425 N. El Dorado Street, 2nd Floor
Stockton, CA 95202
J. Mark Myles Phone: (209) 468-2980
County Counsel Email: jmyles@sjgov.org
County of San Joaquin
44 N. San Joaquin Street, Suite 679
Stockton, CA 95202
Barbara Thompson Phone: (831) 636-4040
County Counsel Email: bthompson@cntycnsl.co.san-
County of San Benito benito.ca.us
481 4th Street, 2nd Floor
Hollister, CA 95023-3840
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