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1 ATTORNEYS

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 ' \ TABLE OF CONTENTS
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TITLE
i Introduction to the Firm................................................................ 1
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Proposed Legal Team...................................................................... 2

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Municipal Experience and Training............................................ 5

Brown Act, Conflicts of Interest, the Public
Records Act Records Act
Land Use and CEQA
Personnel, General liability, and Employee Relations
Contracts and Agreements
Preparation of Ordinances and Resolutions
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i litigation Success
Coordination and Monitoring of Outside Counsel
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J' References and Potential Conflicts of Interest ....................... . 8

Compensation and Reimbursement ........................................... . 12

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Table of Contents
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Introduction to the Firm
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Cota Cole & Huber LLP is a California limited liability partnership. The firm has
"l been providing full-service advice and litigation services to public agency
i clients since our founding in 2007. The firm has three offices to serve its
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clients - two in Northern California (Monterey and Roseville) and one in
Southern California (Ontario).

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Currently, Cota Cole & Huber LLP is City Attorney to the Cities of Angels Camp,
I Chowchilla, El Centro, Oakley, Oroville, and Sutter Creek. The firm is also
General Counsel for a number of special districts, including the Monterey
Peninsula Airport District.
The firm is staffed with 15 attorneys and a full support staff available to assist
the City. If selected as City Attorney to the City, legal services would generally
l be provided by David G. Ritchie (proposed City Attorney), Scott E. Huber
(proposed Assistant City Attorney), and Derek P. Cole (proposed Land
Use/CEQA Specialist).
Our public law advice counsel team offers our clients well-reasoned and
practical advice, effective representation, and ultimately, solutions. The firm's
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touchstones are responsive customer service and effective communication. Our
attorneys have the broad knowledge and in-depth expertise needed to meet
each client's unique needs.
l In addition to general counsel services, our attorneys have distinguished
themselves as public agency litigators. We handle all types of municipal
l litigation, obtaining successful results for public agency clients in court (bench
and jury trials), before administrative agencies, during arbitration or mediation,
and through pre-litigation settlement discussions.

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 Proposed Legal Team
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PROPOSED ATTORNEY POSITION

1 David G. Ritchie City Attorney

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Scott E. Huber Assistant City Attorney

1 Derek P. Cole Land Use/CEQA Specialist

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! RESUMES FOR PROPOSED LEGAL TEAM

David G. Ritchie (CA Bar No. 283303, admitted 2012). Mr. Ritchie has more
than 14 years of experience in Public Sector Labor and Employment involving
l cities, counties and special districts in California and federal agencies. His
I expertise includes collective bargaining, employee discipline proceedings and
regulatory compliance. In addition, his experience includes appeals, both at
arbitration and before administrative law agencies including issues involving
peace officers and firefighters.
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Mr. Ritchie has successfully handled Labor cases before the Public Employment
.I Relations Board, the Federal Labor Relations Authority and the Federal Services
Impasses Panel. He is experienced in leading negotiations and meet-and-confer
deliberations pursuant to the Meyers-Milias-Brown, Federal Labor Relations, and
J Trial Court Employment PIOtection and Governance Acts. In employment
matters, Mr. Ritchie handles workplace investigations, employee discipline
J appeals through arbitrations, and hearings before the State Personnel Board,
Office of Administrative Hearings, and the Federal Merit Systems Protection
Board.
_j Mr. Ritchie is currently the City Attorney for the City of Chowchilla, and, in
addition to his client representation work, Mr. Ritchie conducts training for
public agencies on a variety of topics including Public Sector Negotiations, the
J Peace Officer/Firefighter Bill of Rights Acts, Public Sector Retirement Systems,
and the Fair Labor Standards Act.

J Education: Mr. Ritchie earned his LLM from Santa Clara University, and his
Juris Doctorate from the University of Manitoba Law School. He earned his
Bachelor of Arts degree from Bishop's University, Lennoxville, QC, Canada.
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Scott E. Huber (Bar No. 227196, admitted 2003). Scott Huber is the firm's
Managing Partner and specializes in public law and real estate matters. Mr.
Huber is currently the City Attorney for the City of Oroville, District Counsel for
the San Bernardino International Airport Authority, and District Counsel for the
Monterey Peninsula Airport District. In those positions, he advises clients on
the full scope of municipal law issues, as well as interacting with various
federal agencies on behalf of his clients.
"1 Mr. Huber has represented public agencies on both public law issues and
I general municipal issues, including the Brown Act, ethics requirements,
property taxation, contracts, labor and employment, civil rights, law
enforcement, land use, code enforcement, unlawful detainer, and eminent
l domain. Mr. Huber has successfully litigated numerous complex business cases
involving allegations of unfair competition, breach of contract, fraud, and other
1 torts. Mr. Huber also has significant experience in Petitions for Receivership to
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J abate public nuisances, Brown Act and Public Records Act compliance.

:l While at his former firm, Mr. Huber represented Sacramento Housing and
Redevelopment Agency in its condemnation actions related to the
Redevelopment of the K Street Mall. Mr. Huber prepared complaints in eminent
domain to acquire various parcels in the 700 and 800 blocks of K Street,
including motions for pre-condemnation possession for SHRA to acquire and
control the properties prior to trial.

l Mr. Huber is a member of the California Special Districts Association anfl

regularly presents on matters of importance related to the effective operation
of government, such as his presentation on "Disruptive Behavior at Board
l Meetings: Balancing the Constitutional Rights of Citizens with the Duty to
Conduct Meetings in an Orderly Manner," at the July 2015 CSDA General
Manager's Leadership Summit in Newport Beach.
l Mr. Huber can regularly be seen at the firm's Monterey and Ontario offices
while providing services to his various municipal clients. Mr. Huber is a board
J member of the Roseville Joint Union High School District. He previously served
as a board member of the Roseville City School District, and formerly taught as
adjunct faculty at University of the Pacific, McGeorge School of Law, teaching in
J the Appellate Advocacy program.
Education: Mr. Huber received his Juris Doctorate from the University of the
Pacific, McGeorge School of Law, with a Certificate of Concentration in
J Governmental Affairs. While in law school, he served as a staff writer for the
California Initiative Review and co-authored an article on Same-Day Voter
Registration. Mr. Huber attended Brigham Young University and graduated
J with a Bachelor of Science degree in Psychology.

J Derek P. Cole (Bar No. 204250, admitted 1999). Derek Cole is a partner in the
Roseville office of Cota Cole & Huber. Mr. Cole has extensive public law
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experience. He serves as City Attorney for the Cities of Oakley, Sutter Creek,
and Angels Camp, and previously served as County Counsel for the County of
l Trinity (2008-2013) and Interim City Attorney for the City of Antioch (2015-
2016). Mr. Cole also serves as General Counsel to the Arcade Creek Recreation
and Park District and Jackson Valley Fire Protection District.
"l Mr. Cole co-founded Cota Cole & Associates (reorganized as Cota Cole & Huber
LLP) with Dennis Cota in January 2007. Between 2004 and 2007, Mr. Cole
worked in the Sacramento office of the statewide law firm, Best Best & Krieger
l 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 compliance.
Mr. Cole was named as a "Superlawyer" in the 2015 and 2016 editions of
Northern California Superlawyers magazine; was honored by the Sacramento
Business journal in 2014 and 2016 with a "Best of the Bar" award; and was
named as a "Top Lawyer" in the 2015 and 2016 editions of Sacramento
Magazine. 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 is a member of the League of California's Legal Advocacy Committee
and Municipal Handbook Committee. Mr. Cole writes frequently on topics of
legal interest. He has authored articles in the San Francisco Daily journal (a
daily legal newspaper) and California Public Law journal. He is a frequent
contributor to the firm's California Municipal Law Blog (www.calimunlaw.com).
l Education: Mr. Cole graduated with distinction from the University of the
Pacific, McGeorge School of Law. At McGeorge, Mr. Cole was admitted to the

l Order of the Coif, Order of Barristers, and Traynor Honor Society. He was also
a member of the Editorial Board of the McGeorge Law Review and published
two student comments in that journal. Prior to attending law school, he
1 graduated from the University of California-Santa Barbara in 1996 with a
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Bachelor of Arts degree in Law and Society.

J All attorneys employed by Cota Cole & Huber LLP are licensed to practice law in
the State of California.
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Municipal Experience and Training
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Brown Act, Conflicts of Interest, the Public Records Act
Given our work with cities, counties, and special districts, we routinely advise
and provide training on matters including the Brown Act, public ethics training
requirements, conflicts of interest, and public records laws. We provide AB
l 1234 training at no cost for clients.

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Our municipal attorneys have also spent hundreds of collective hours advising
j clients in public meetings and many more hours advising agency management,
department heads, and public safety officers on the myriad of laws they must
apply or enforce. For example, we have just completed a review and update of
the revised FPPC gift regulations. We keep clients up to date via website and
blog postings about current topics and decisions that affect them, such as a
l recent Attorney General opinion regarding technical problems with agenda
website postings.

I Personnel, General liability, and Employee Relations

Our firm has advised our public agency clients on all aspects of employee
j relations, up to and including employee separation and discipline, Skelly
hearings, and employee arbitrations. Some of our attorneys have also been
retained by our regular clients and by outside clients to conduct personnel
l investigations and handle employee discipline matters involving police and fire
personnel.
Recent examples of this work have involved the successful termination for
J cause of a police officer arrested for felony criminal activity, and, separately, a
voluntary demotion of a Sergeant back to patrol.
J When necessary, and as described below, we have successfully defended public
agencies in administrative proceedings and litigation filed by employees. For
J example, we successfully concluded a federal ADA mediation for a large district
client, revised several city personnel policies to include updates to FMLA and
California sick leave provisions, and successfully defended an employer against
J unfair practice charges before PERB.
Several Cota Cole & Huber LLP attorneys also have extensive contract
J negotiating experience. These attorneys are able to provide full legal counsel at
all stages of contract negotiations, from inception through the final stages of
I contract (MOU) drafting and acceptance, during impasse, in mediation and
J during fact-finding proceedings. We have successfully resolved issues such as
disputes regarding recognition, and unfair labor practice allegations with all
types of bargaining groups and labor organizations, both informally and
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 through formal processes. Recently our attorneys successfully resolved a multi-
bargaining unit, multi-union dispute in settlement negotiations prior to a
hearing before the Public Employment Relations Board on exceptions filed to a
proposed decision.
Land Use, CEQA, and Other Environmental Issues
Cota Cole & Huber represents clients in all aspects of land use and
environmental law. Our team has reviewed and defended a number of
environmental impact reports under CEQA. We regularly advise on issues
involving general and specific plans, zoning, and subdivision maps.
The scope of our experience includes advice and representation on site
investigations and remedial actions, general plans and zoning, special use
permits, the Subdivision Map Act, CEQA and NEPA, CERCLA, California
Hazardous Substance Account Act, RCRA, Porter-Cologne, Proposition 65, air
.1 and water quality, and water supply and rights .
Contracts and Agreements
Attorneys at Cota Cole & Huber have a wealth of experience negotiating,
drafting and enforcing agreements. Our attorneys would be able to provide the
City full counsel at all stages of contract negotiations, from inception through
the final stages of contract drafting and acceptance, and for any type of
--eontract the City would require. Cota Cole & Huber attorneys will be able to
provide all necessary advice regarding wage requirements and the application
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of any local, state, or federal contracting laws .

Preparation of Ordinances and Resolutions

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Cota Cole & Huber regularly prepares ordinances, resolutions, and orders for its
public agency clients. We have drafted ordinances to assist our clients in
pursuing their legislative policies, including code enforcement, land use,
resolutions of necessity for eminent domain, and environmental and water-
related issues. Cota Cole & Huber prepares advice memoranda, status letters,
.J and other written information to its public agency clients .
Litigation Successes
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Cota Cole LLP has successfully advocated for clients in a wide range of
litigation matters on behalf of municipalities, including complex environmental
._j litigation, contract disputes, general government tort liability, management-side
labor issues, civil rights cases, and constitutional matters. We have a
demonstrated record of obtaining favorable results for our clients, whether
through dispositive motions, alternative dispute resolution, or following bench

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or jury trials. Our attorneys are admitted to practice before all state and federal
trial and appellate courts.
'lI Coordination and Monitoring of Outside Special litigation Counsel

'l Based on our extensive experience representing municipalities in a variety of

litigation matters, we are also well positioned to coordinate and monitor the
work of special legal counsel (such as }PIA-appointed attorneys) as needed and
directed by the City Council or City Administrator .

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References and Potential Conflicts
of Interest
REFERENCE CONTACT INFORMATION
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Michael La Pier, Executive Phone: (831) 648-7000 ext. 207
I Director Email: mike@montereyairport.com
. 1 Monterey Peninsula Airport
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200 Fred Kane Drive, Suite 200
1 Monterey, CA 93940-5353
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Mary Kelly Phone: (209) 736-2181
l City Administrator Email: marykelly@angelscamp.gov
City of Angels Camp
584 S. Main Street
Angels Camp, CA 95222

Rosa Vazquez Phone: (209) 722-3501

Housing Authority of the County Email: rosav@merced-pha.com
of Merced

l 405 U Street
Merced, CA 95341
Amy Gedney Phone: (209) 267-5647
l City Manager Email: agedney@cityofsuttercreek.org
City of Sutter Creek
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18 Main Street
J Sutter Creek, CA 95685

J Stephen F. Fraher, CPRP

District Administrator
Phone:
Email:
(916) 482-8377
sfraher@acrpd.com
Arcade Creek Recreation and Park
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4855 Hamilton Street
Sacramento, CA 95841
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l Cota Cole & Huber provides services to a number of public agencies. Below is
information detailing the name of the agencies for which Cota Cole & Huber
l attorneys provide or have provided services within the last five years, as well as
the role in which those services are or were provided by members of the firm.
A. CURRENT CLIENTS
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City Clients and Services Provided County Clients and Services Provided
"1 Angels Camp City Attorney Humboldt Outside litigation
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Antioch Interim City Attorney Imperial Land Use/CEQA Special Counsel
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i Canyon Lake Outside litigation/Special Madera Outside litigation/Special
Counsel Counsel

Chowchilla City Attorney Modoc Outside litigation/Special

Counsel

1 El Centro City Attorney Riverside Outside litigation/Special

J Counsel

1 Fontana Outside litigation/Special San Benito Outside litigation/Special

J Counsel Counsel

Oakley City Attorney San Joaquin Outside litigation/Special

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Ontario Outside litigation/Special Trinity Former County Counsel/

1 Counsel Special Counsel
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Oroville City Attorney

Paramount Outside litigation/Special

Counsel

J Riclnnond
Counsel
Outside litigation/Special

J San Bernardino Outside litigation/Special

Counsel

Santa Ana Outside litigation/Special

Counsel

Sutter Creek City Attorney

Taft Outside litigation/Special

Counsel

Ukiah Special Counsel

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I Other Public Agency Clients and Services Provided
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l Arcade Creek Park and Recreation District

Big Bear Airport District

District Counsel

District Counsel

Del PUerto Health Care District Labor Negotiations Counsel

Desert Recreation and Park District District Counsel

l Hesperia Recreation District District Counsel

1 Inland Valley Development Agency General Counsel

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Jackson Valley Fire Protection District District Counsel

1 Merced County Housing Authority Labor Negotiations Counsel
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Mojave Recycling Joint Powers Authority General Counsel

l Monterey Peninsula Airport District District Counsel

Mountains Recreation & Conservation Authority Citation Hearing Officer

Omnitrans litigation Counsel

Orange County Board of Education Special Counsel

Sacramento Metropolitan Air Quality Management District Outside litigation

l San Bernardino International Airport Authority General Counsel

l Silverado-Modjeska Recreation and Park District

South Fork Irrigation District

District Counsel

District Counsel
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eel Victor Valley Wastewater Reclamation Authority Special Counsel

West San Gabriel Joint Powers Authority Special Counsel

The firm also represents the Madera County Assessor in an action brought
against the County Assessment Appeals Board that has resulted in the matter
being remanded to the AAB.
Below is a table that provides the current meeting schedule for the proposed
attorney team:

David G. Ritchie 2"d and 4'h Tuesday (Chowchilla)

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 Scott E. Huber 1" and 3'd Tuesday (Oroville)
3'd Wednesday (Monterey Peninsula
Airport District)
Derek P. Cole 1" and 3'd Monday (Sutter Creek)
1" and 3'd Tuesday (Angels Camp)
znd and 4'h Tuesday (Oakley)

l A detailed conflict check procedure is in place firm-wide, and it has been

determined that no potential conflicts of interest exist with the City of Carmel-
l by-the-Sea, either because of representation of public clients or private clients
(such as developers).
No political contributions of any kind have been made by attorneys of the firm
l to any member of the Carmel-by-the-Sea Council within the last five years.

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Compensation and Reimbursement
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Cota Cole & Huber LLP proposes providing all City Attorney services under a
l straight hourly arrangement of $215 for all attorneys and $125 for paralegals.
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I These rates would be effective for the first three years of any contract (or contract
amendments) with the City.
Cost Recovery: Cota Cole & Huber LLP would bill to recover certain costs
associated with our non-routine services or advanced on the City's behalf.
These costs include:
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Duplication/reproduction fees Actual cost if performed by
(50 copies or more) outside service; $0.25/page
if performed in-house

Travel to and from City Hall No charge for regular City

Council meetings and associated
office hours
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I Vehicle travel for non-standard Applicable IRS rate per
trips originating from City Hall mile x number of miles
Extraordinary postage or overnight Actual Cost
delivery costs
2.5% administrative fee in lieu of Based on the amount of
separate charges for all phone, fees billed during the month
fax and internet fees, as well as
minor copy charges

INSURANCE
Cota Cole & Huber LLP maintains professional errors and omissions coverage
through Lloyd's of London in the amount of $5,000,000 per occurrence and in
the aggregate. Cota Cole & Huber LLP currently maintains Comprehensive
General Uability ("CGL") coverage in the amount of $1,000,000 per occurrence
of bodily injury, personal injury, or property damage; automotive liability
coverage in the same amount (coverage for which is provided under the firm's
CGL policy); and workers' compensation liability coverage in the amount
$1,000,000 per accident. The firm will maintain coverage at or above required
amounts for the duration of legal services it provides the City. Should it be
chosen, Cota Cole & Huber LLP will add the City to its policies as an additional
J insured.

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