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HomeMy WebLinkAbout8 Attachment 4 - SYCR - 2017 ProposalAttachment 4 PROPOSAL OF STRADLING YOCCA CARLSON & RAUTH, A PROFESSIONAL CORPORATION TO PROVIDE JUDICIAL FORECLOSURE SERVICES FOR THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT Date: September 20, 2017 Allison E. Burns STRADLING YOCCA CARLSON & RAUTH 660 Newport Center Drive, Suite 1600 Newport Beach, California 92660 aburns@sycr.com Direct Line: 949-725-4187 Facsimile: 949-725-4100 DOC SOC/1851206v 1/022925-0024 General l"nforniationlExecuti Summarx Stradling Yocca Carlson & Rauth, a Professional corporation ("SYCR") is recognized as one of the leaders in the state in connection with our public law practice. Approximately 30 members of the firm practice in the areas of general public law, public finance, economic development, and public law litigation, making us one of the largest firms in the State in public law. Our public law attorneys devote their time primarily to the representation of the interests of public agencies, including school districts, water districts, cities, counties, redevelopment agencies, and special districts of various kinds, and to the supplying of legal services in connection with the financings of such agencies. Members of the public law department are recognized experts in their areas and are often called upon to speak at seminars for public agencies, including seminars held by the Association of California Water Agencies, the Coalition for Adequate School Housing, the California Special District Seminars, the California League of Cities, International Right -of -Way Association, the California Redevelopment Association, National Association of Redevelopment and Housing Officials, the National Association of Bond Lawyers, the California Debt and Investment Advisory Commission, and others. Qualifications of Personnel with Foreclosure Experience While the entire resources of SYCR would be available as needed to provide the highest level of legal services to the District, we propose that Allison E. Burns, David C. Palmer and Colin A. Hendricks be primarily responsible for providing the requested legal services to the District. In addition, Kelly E. Curran, CP would also be called upon to provide paralegal services to the District. Allison E. Burns is experienced in all aspects of public agency related litigation, foreclosure eminent domain, business contract disputes and CEQA litigation and is a shareholder and head of the firm's Public Law Litigation Department in Newport Beach. Ms. Burns also serves as the City Attorney to the City of Lancaster and General Counsel to the Chino Basin Desalter Authority, Antelope Valley Transit Authority, Rosamond Community Services District, Antelope Valley Air Quality Management District, Santiago Aqueduct Commission, Santa Margarita/Dana Point Authority and Emerald Bay Service District. She was recently named general counsel to the Antelope Valley Transit Authority and is former general counsel to San Juan Basin Authority. She currently represents numerous cities, school districts special district and redevelopment agencies in various advisory and litigation -related matters. Ms. Burns is a frequent speaker at conferences and seminars for public agencies. Ms. Burns received her J.D. from the University of California at Davis in 1998, where she was Senior Articles Editor of the U.C. Davis Law Review and Articles Editor of the Journal of Juvenile Law and Policy. Ms. Burns served as a judicial extern to Justice Fred K. Morrison of the Third District Court of Appeal of the State of California and to the Honorable Garland E. Burrell of the United States District Court of the Eastern District of California. A copy of Ms. Burns' resume is enclosed. David C. Palmer is a senior associate in the Firm's Public Law Department and devotes almost the entirety of his practice to representation of public agencies. He has significant experience defending public agencies in Brown Act and Public Records Act cases. Mr. Palmer received his B.A. from the University of California, Santa Barbara with majors in Law and Society and Cultural Anthropology. While attending UCSB Mr. Palmer was included on the Dean's Honor Roll. In 2007, DO CS OC/ 18 51206v 1 /022925-0024 Mr. Palmer received his J.D. from Loyola Law School and was admitted to the California State Bar. While attending Loyola Law School, Mr. Palmer was a two-year member of the nationally ranked Byrne Trial Advocacy Team and winner of the 2007 Byrne Trial Advocate Award. Prior to entering practice, Mr. Palmer participated in the American Board of Trial Advocates (ABOTA) Fellowship in Trial Advocacy. Mr. Palmer joined the Firm in January 2011. Mr. Palmer recently succeeded Ms. Burns as general counsel to the San Juan Basin Authority. Mr. Palmer is experienced in a wide range of public agency representation matters, including, real estate litigation, environmental litigation, foreclosure, eminent domain and other real property disputes. A copy of Mr. Palmer's resume is enclosed. Colin A. Hendricks is an associate with the Public Law Litigation Department. Mr. Hendricks received his B.A. from the University of California, Santa Barbara with a major in History. He received his J.D. in 2012 from McGeorge School of Law with a certificate in Public Law and Policy. At McGeorge, Mr. Hendricks served. as Student Body President, President of the Governmental Affairs Student Association, and studied fundamental rights under United States Supreme Court Justice Anthony Kennedy in Salzburg, Austria. Currently, he is a board member of the Young Lawyers Division of the Orange County Bar Association, and Chair of the Alumni Association Chapter. Mr. Hendricks's practice at SYCR is completely dedicated to public law litigation. A copy of Mr. Hendricks's resume is enclosed. Kelly E. Curran, CP is a certified paralegal with the Public Law Department and has been with the firm since 1997. Ms. Curran received her B.A. from the University of California at Santa Barbara in 1992 with a major in Law and Society. In 1993, she received her paralegal certificate from the University of California at Davis. In 1997, Ms. Curran became a "Certified Paralegal" after taking an exam held by the National Association of Legal Assistants. A copy of Ms. Curran's resume is enclosed. Foreclosure Experience SYCR has recently ranked among the top three bond counsel firms in the State of California. As a necessary adjunct to bond counsel services, our public law litigation department is frequently engaged by our public agency clients to initiate judicial foreclosure actions. For example, Ms. Burns represents and has represented the City of Lancaster in dozens of Assessment District and Community Facilities District foreclosure matters, the City of Chula Vista in numerous Assessment District and Community Facilities District foreclosure matters, the Romoland School District in several Community Facilities District foreclosure hatters, the City of Oceanside in a number of Community Facilities District foreclosure matters, California Statewide Communities Development Authority in several Community Facilities District Foreclosure matters, Eastern Municipal Water District in Assessment District Foreclosure matters, as well as the Golden Hills Community Services District in Street Improvement Bond foreclosure matters. Because SYCR and the Public Law Litigation Department headed by Ms. Burns in particular has handled a high volume of foreclosure cases for public agencies, SYCR has developed forms and procedures which allow us to streamline the foreclosure process and provide superior service at a low cost. Technical Proposal of Foreclosure Services Because many of the cases are uncontested, the vast majority of the foreclosure services provided by SYCR on behalf of our public agency clients are performed by paralegals, and in 2 D O C S O C/ 18 51206 v l /022925 -0024 particular, Kelly E. Curran, CP of our office. Generally, with the exception of court appearances and contested matters, Ms. Curran is responsible for all aspects of the foreclosure process. Ms. Curran has worked extensively with many public finance firms, including Ms. Maureen Coleman and Ms. Richelle Tague at Willdan Financial, Mr. Trevor Speer with NBS, and Mr. Nehal Thumar at David Taussig & Associates. As a part of our firm's foreclosure procedure, we are committed to working in connection with the District and its delinquency monitoring team prior to filing litigation in an effort to resolve as many of the delinquencies as possible before incurring legal fees for litigation. We have found that, upon receiving a demand letter from a law firm on behalf of the District, property owners are often willing to pay the delinquency rather than have the case go to litigation. In using demand letters, we have been able to recover stripping fees (fees for removal of taxes from the County Tax Roll) as well as costs and attorneys' fees with payment made directly to the District. Many property owners see the benefit of paying such costs included in the demand letter rather than facing higher costs as the result of litigation. All negotiations through this process are done with the ultimate communication and approval from the client. In circumstances where delinquencies on a property are excessive, it is in the best interest of the District to file litigation as quickly as possible. This process has been very successful in the past where the parties either reach a settlement agreement for payment, including costs and attorneys fees, or the matter proceeds to judgment for judicial foreclosure and order of sale. Oncc a judgment is obtained, SYCR proceeds to obtain a Writ of Sale from the court and work with the County Sheriff's Department to arrange and schedule a foreclosure sale (or auction) of the property. Throughout the pre -litigation and foreclosure litigation process, we will remain in constant communication with the District's delinquency monitoring team. Status reports can be prepared as frequently as needed by the District, and an annual status report regarding all current litigation and delinquency status is prepared at the end of the year. Rates For Legal Services All attorneys' fees and costs are recoverable in a foreclosure lawsuit from the proceeds of the sale, so the District will not ultimately be out-of-pocket for these amounts. We propose that our fees for providing the legal services discussed above be based upon the rate of $415 per hour for Allison E. Burns, and $315 per hour for David C. Palmer and Colin A. Hendricks. The rate of other attorneys in our office would range from $280 per hour to $480 per hour, depending on the individual assigned to the matter, and $150 per hour for paralegal services. These rates are inclusive of overhead and secretarial/clerical support, but exclusive of actual costs we may incur as described below. Alternatively, and as we have discussed, we can provide the following services on a fixed -fee basis: 1. Prepare and send two demand letters (and make follow-up phone calls to the extent telephonic contact information is available) advising the owners that the District has authorized foreclosure proceedings and that the costs associated with their failure to pay will increase dramatically in the event the District is required to file a foreclosure action. SYCR will perform these services for the fixed fee of $625.00. DOCSOC/] 851206v 1/022925-0024 2. Prepare and file the complaint and prepare the hs pendens for recording with the County recorder. SYCR will perform this service for the taxed fee of $2,250,00. The foregoing fixed -fee rates do not include out-of-pocket costs incurred by SYCR, such as County recording fees or service of process fees. All services provided after preparation and filing of the Complaint and lis pendens will be billed at the hourly rates set forth above. All fees would be billed monthly. The monthly statement will set forth the nature of the services provided during the preceding month and the total number of hours attributable to providing such services. In addition to the above fees, we would be reimbursed for our out-of-pocket expenses including facsimile transmissions, document delivery and messenger fees (based upon actual charges incurred), photocopying, word processing, electronic research (based upon actual charges incurred), court costs, and travel at the direction of the District. The rates for individual attorneys are subject to change from time to time upon 60 days prior notice to you. References Please feel free to contact any or all of the following: 1. Ms. Pamela Statsmann, Finance Director for the City of Lancaster at (661) 723-6035. 2. Seth Heeren, Assistant Superintendent of Business Services for San Jacinto Unified School District at (951) 929-7700. 3. James Hamill, Managing Director for California Statewide Communities Development Authority at (925) 476-5644. Concluding Cornnzents We are very pleased to be considered by the District as its legal counsel for judicial foreclosure services. We will gladly provide additional references upon request. SYCR offers reliable, responsive counsel that can provide the highest quality of service available at a reasonable cost. SYCR believes responsiveness is critical and is prepared to commit to you the resources to assure you that we will be there when you need us. 4 DOCSOCI1851206v 1 /022925-0024 ALLISON E. BURNS Admitted to Bar: State Bar of California, 1998. U.S. District Court of California, Central and Southern Districts, 1.998. Practice Emphasis: Public agency general advisory and litigation representation, real property acquisitions and disputes, environmental law and water. Education: J.D. 1998, University of California, Davis School of Law. Senior Articles Editor, U.C. Davis Law Review. Articles Editor, Journal of Juvenile Law and Policy. B.A. 1995, with honors, University of California, Irvine. Campus wide Honors Program; Associated Students Legislative Council; Chairman Greek Presidents' Council. Legal Experience: Transactional and advisory legal services relating to general municipal law, real estate, economic development, California water laws, the California Environmental Quality Act (CEQA), conflict of interest and open meeting laws. Substantial experience in public and commercial litigation including eminent domain, foreclosure, business contract disputes and CEQA litigation. Judicial Extern to Justice Fred K. Morrison of the California Court of Appeal, Third District and to the Honorable Garland E. Burrell, Jr. of the U.S. District Court, Eastern District of California. Professional Associations: State Bar Association of California. Member, Environmental and Public Law Sections. Orange County Bar Association. Member, Business Litigation and Enviromnental Sections. International Right of Way Association References: Mark V. Bozigian, City Manager, City of Lancaster (661) 723-6133 Curtis Paxton, General Manager, Chino Basin Desalter Authority (909) 218-3729 Michael Dunbar, General Manager, Emerald Bay Community Services District (949)494-8572 ROCS OC/ 1851206v 1 /022925-0024 DAVID C. PALMER Admitted to Bar: State Bar of California, 2007 U.S. District Court of California, Central District, 2007 U.S. District Court of California, Northern, Eastern and Southern Districts, 2008 Practice Emphasis: Public and commercial litigation, environmental law and foreclosure actions. Education: J.D., Loyola Law School, 2007 B.A., University of California, Santa Barbara, 2009 Legal Experience: Experienced in all facets of public agency representation and litigation, including environmental litigation, foreclosure actions, contract disputes, business and commercial disputes. Professional Associations: State Bar Association of California. Orange County Bar Association. DOC SOC/ 1851206v 11022925-0024 COLIN A. HENDRICKS Admitted to Bar: State Bar of California, 2012 Practice Emphasis: Public Law Litigation Education: J.D., McGeorge School of Law, 2012 B.A., University of California, Santa Barbara, 2007 Legal Experience: Public Policy experience as a legal extern with California State Senator Lois Wolk, Administrative Law experience as a volunteer adjudication officer for the City of Sacramento in the McGeorge Administrative Law Clinic. DOC S OC/1851206v 1 /022425-0024 KELLY E. CURRAN, CP Practice Emphasis: Litigation in areas of public law, foreclosure, environmental law and condemnation. Education: Paralegal Certificate, University of California, Davis --W Paralegal Certificate Program approved by the American Bar Association, 1993 B.A., University of California, Santa Barbara, 1992 Legal Experience: Twenty years' experience in Public Law Litigation, including eminent domain, foreclosure, CEQA and contract disputes with responsibilities include trial preparation and assistance; preparation of pleadings including complaints, discovery and motions; legal research. Achievements and Professional Associations: Certified Paralegal - December 1997 California Notary Public since December 1997 National Association of Legal Assistants - member since 1996 National Notary Association - member since 1997 Orange County Paralegal Association - Board of Directors 1996 & 1997 Orange County Paralegal Association - member 1995 - 1998 DO CSOCI 1851206v 11022925-0024