HEISINGER, BUCK & MORRIS

ATTORNEYS AT LAW
MALCOLM S. MILLARD (1914-1999) DOLORES & SIXTH STREETS
PosT OFFICE Box 5427
JAMES G. HEISINGER, JR.
CARMEL, CALIFORNIA 93921-5427
SIDNEY M. MORRIS*
TELEPHONE (831) 624-3891
FACSIMILE (831) 625-0145
CHRIS CAMPBELL
LYNN C. LOZIER E-MAIL: hbm@carmellaw.com
VIBEKE NORGAARD

*CERTIFIED SPECIALIST - ESTATE PLANNING

TRUST AND PROBATE LAW
STATE BAR OF CALIFORNIA
BOARD OF LEGAL SPECIALIZATION
March 10,2017

ROBERT B. BucK

Honorable Mayor and Members ofthe City Council

Carmel-by-the-Sea City Hall
P.O. BoxCC
Carmel, CA 93921

Dear Mayor and Members of the City Council:

I am pleased to submit this letter and the enclosed materials in response to the Request
for Qualifications for Legal Services promulgated by the City on February 22, 2017. The
enclosed materials consist of my personal responses to the queries set forth in Section A of the
RFQ, letters of reference from clients requested in paragraph and the rate sheet requested in
paragraphs 3) and 4), respectively, of Section C.

I am the attorney applying for appointment to the office of City Attorney for Carmel-by-
the-Sea. I have served as City Attorney for Sand City for 28 years. Also enclosed is a brief
resume of the attorneys in our firm who have and will continue to be available to assist me in
representation of all my clients, including the City of Carmel.

I am fortunate to possess generational knowledge of Carmel and its environs. My

mother's family settled in Monterey and along the Big Sur Coast during the late 1800's. My
father's family moved to Carmel during the 1930's. I was born in Carmel and attended Carmel
schools and Monterey Peninsula College until transferring to the University of California at
Santa Cruz (B.A. 1974).

My civic activities have included service as President of the Carmel Chapter of the
American Red Cross (1985-1987), Representative of both Mayors Townsend and Eastwood on
Board of Carmel Youth Center, Board Member of Volunteers in Action, Monterey Branch
(1983-1985), Board Member of Carmel Valley Rotary Club (1985-1986), Board Member of
Carmel Heritage Society (1992-1996), Board Member of Carmel Public Library Foundation
(1992-2002), and Board Member of the Forest Theater Foundation (2004-2006).

I look forward to meeting with you and answering any questions you may have.

JGH/mp
 Heisinger Buck & Morris

Response to Request for Qualifications for legal Services

to City of Carmel-By-the-Sea

March 10, 2017

Submitted by

James G. Heisinger, Jr.

Heisinger Buck & Morris

Dolores & Sixth Streets

Post Office Box 5427

Carmel, CA 93921

(831) 624-3891

jim@carmellaw.com
 Table of Contents
(
Qualifications of James G. Heisinger, Jr. To Provide Legal Services ...................... 5

Current Practices/Conflicts oflnterest .............................................. 4

Current Hourly Rates for Public Clients ............................................ 3

Letters of Recommendation ...................................................... 2

Resume of Attorneys ........................................................... I

 Qualifications of James G. Heisinger, Jr. to Provide Legal Services

Length of employment with the firm

30 years

Specialization

Municipal La:v
Land Use Law
Real Property Law
Corporate Law

Legal training

Lewis and Clark/Northwestern School of Law (JD, 1979)

Scholastic honors and profossional affiliations

Admitted to practice before U. S. Supreme Court (1985); United States Court of Appeals
Ninth Circuit (1984); United States District Court for the Eastern District of California
(2006); United States District Court for the Northern District of California (1979);
Supreme Court of California (1979)

Member: California State Bar Association, American Bar Association; Monterey County
Bar Association

Date ofadmittance to California Bar

December I, 1979 (California State Bar No. 90729)

Years ofpractice

37

Heisinger, Buck & Morris (2000 to present)

Heisinger, Buck, Morris and Rose (1996-2000)
Heisinger, Buck & Rose (1991-1996)
Heisinger and Buck (1987-1991)
James G. Heisinger, Attorney at Law (1979-1987)

Municipal or other local public sector experience

City Attorney for Sand City: 28 years

I
(~- General Counsel, Sand City Redevelopment Agency (and its Successor Agency):
27 years

Knowledge of, and experience with California Municipal Law (what percentage of
practice represents municipal law, and statement of other type of clientele represented)

Comprehensive experience with matters involving California Municipal Law

City Attorney for Sand City for 28 years

Approximately 30% of practice is devoted to Municipal Law

Other types of clientele represented include:

Large and small business entities in organizational matters, mergers, acquisitions

and personnel matters

Real property owners in matters concerning property management, property taxes,

land use matters, and acquisition and disposition of property interests

Not for profit organizations (such as the Doris Day Animal Foundation; an animal
rights lobbying organization for which I served as general counsel from 1989 until
( the League was acquired by the Humane Society of the United States in 2006)

Individuals, with respect to estate planning and administration

Litigation experience and track record

Significant cases:

California Coastal Commission v. Granite Rock Company (1987), 480 U.S. 572
Co-counsel for Granite Rock Company. In a 5-4 decision, the United States
Supreme Court reversed the Ninth Circuit Court of Appeals, holding that federal
Jaw did not preempt the imposition of a permit requirement by the California
Coastal Commission on unpatented mining claims located within a national
forest.

Sand City v Monterey Peninsula Regional Park District (1995; Monterey County
Superior Court) Counsel for City of Sand City. In this case the City challenged
the MPRPD' s acquisition of certain land west of State Highway I. After
protracted negotiations among Park agencies and California Coastal Commission
staff, the case was settled. The Park agencies agreed not to contest visitor-serving
development on three sites located west of Highway I. The City agreed not to
contest the Park agencies acquisition ofthe balance ofland located west of
I Highway I which was designated for visitor-serving development in the Sand

"' 2
 City Local Coastal Plan.

Odella Brothers v. County ofMonterey (1998), 63 Cal.App.4th 778

Co-counsel for Odella Brothers. In this case the Odella Brothers sought damages
from the County of Monterey for the County's intentional flooding of the
Plaintiff's land in January of 1995. The trial court awarded summary judgment to
the County. The Sixth District Court of Appeal reversed the trial court and
remanded the case for further proceedings. The parties settled the case prior to
trial.

California American Water v Seaside, and related cross-actions (2007) (Superior

Court, Monterey County, No. M66343) Counsel for plaintiff, Sand City. This
case resulted in the adjudication of water rights in the Seaside Groundwater
Basin. Sand City was awarded the exclusive right to produce brackish water from
the Aromas Sands Formation in the Seaside Groundwater Basin.

Successful prosecution and defense oflegislative and quasi -judicial decisions

including certification of Environmental Impact Reports; several cases.

Successful representation of public and private clients before federal, State and
local agencies in quasi-judicial proceedings; several matters.

Successful representation of private client in cases involving real property

( interests; several matters.

Knowledge and practice of law relating to land use and planning, California
Environmental Quality Act (CEQA), general plans, real estate, environmental issues,
hazardous waste and other related law

Study of the federal Coastal Zone Management Act of 1972 while attending law
school.

Representation of several landowners in administrative permit proceedings while

serving as a law clerk.

Student taught seminar on Oregon land use laws during last semester at Lewis and
Clark.

Representation of several clients before former Central Coast Regional District of

the Coastal Commission and State Coastal Commission.

Representation of several clients in the development of the Local Coastal Land

Use Plans for the Big Sur Area, the Carmel Area and the North County Area.

Representation of several clients before local government agencies in land use

matters.

3
 Associate Professor at Monterey College of Law (1983 and 1985), teaching
environmental and administrative law.

Representation of Sand City in all land use matters since 1985.

Representation of private and public clients in administrative proceedings and

litigation regarding application ofCEQA since 1980.

Representation of private and public clients in the development of general plans

and specific plans by local agencies since 1980.

Representation of private and public clients in matters involving State and local
laws regulating subdivision ofland since 1980.

Representation of private and public clients in a wide variety of real property

transactions since 1980.

Representation of private and public clients in transactions involving

identification and remediation of hazardous materials since 1980.

Representation of private and public clients in matters involving listed species

since 1985.
(
Experience in the areas ofpersonnel, worker's compensation, general liability and
employee relations

Representation of public and private clients in preparation of employee

manuals, labor and discrimination claims.

Representation of Sand City in preparation of procedure manuals for public safety

employees.

Negotiation of employment contracts with organized public safety employees.

Negotiation of employment contracts for public and private clients.

Representation of private clients (generally in association with counsel for

insurance carrier) in workers compensation matters.

Significant experience advising public and private clients regarding avoidance of

potential financial liability.

Experience in areas of contracts and franchises

I Representation of public and private clients in contract negotiations.

\

4
(~ Representation of Sand City in negotiation of City franchise agreements.

Experience in the preparation and review of ordinances and resolutions

Significant experience with preparation and review of ordinances and

resolutions for Sand City and its Redevelopment Agency during 28 year tenure.

Assistance with compilation and maintenance of the Municipal Code for Sand
City.

Experience in the area of the Public Records Act, the Ralph M Brown Act, the Political
Reform act and conflicts of interest, and the Elections Code

Under policy established by the Sand City Clerk as compliance officer and
custodian of public records for the City, I review and advise the City Clerk of
Sand City with regard to all requests for Public Records and the City's response
to all such requests.

Significant experience advising the Sand City Officials and staff regarding
compliance with the Ralph M. Brown Act.

Significant experience advising the Sand City Clerk, Mayor and Councilmembers
( regarding compliance with the Political Reform Act of 1974 and regulations
promulgated thereunder.

Drafted ordinance enacting Sand City Conflict of Interest Code and oversee
continuing update of schedules for designated positions and disclosure
requirements under that Code.

Assisted Sand City Clerk with duties under the State Elections Code.

Experience in negotiating agreements and disputes

Negotiation of tax increment pass through agreements with taxing agencies

enabling creation of Sand City Redevelopment Agency.

Negotiation of Owner Participation Agreements (public private partnership

agreements) resulting in permanent conservation of several acres of critical
habitat for federally listed species; remediation of hazardous waste from asphalt
batch plant; successful relocation of local businesses; significant increase in
property tax and sales tax revenues and job creation.

Negotiation of Disposition and Development Agreements resulting in creation of

Low and Moderate income housing and significant property tax revenues.
\_..
5
 Negotiation of permit conditions with State Coastal Commission, Central Coastal
( Regional Water Quality Control Board and Monterey Peninsula Water
Management District resulting in construction of desalination plant in Sand City,
annual reduction of overdraft of Carmel River equal to the entire amount
of water annually consumed in Sand City and availability of sufficient water for
future development under the City's General Plan.

Negotiation of lease of Sand City desalination plant and associated intake and
outfall facilities to California American Water Company enabling Sand City to
fully recover its capital investment in the Sand City Water Supply Project.

Negotiation of settlement in Seaside v. Sand City and the Sand City

Redevelopment Agency resulting in cost savings to the City of several million
dollars.

Negotiated resolution of numerous disputes on behalf of clients regarding wide

variety of matters during 37 year practice oflaw.

Whether the partner/principal or likely associates have been successfully sued for
malpractice, been the subject of complaints filed with the State Bar, or had discipline
imposed by the State Bar

James G. Heisinger, Jr.: None

Sidney M. Morris: None
Chris Campbell: None
Lynn Lozier: None
Vibeke Norgaard: None

6
 Current Practices/Conflicts of Interest
('
Please list any political contributions of money, in-kind services, or loans made to any
member of the City ofCarmel-by-the Sea Council within the last jive years by the
applicant law firm and all of its attorneys (including the attorney being proposed as City
Attorney)

James G. Heisinger, Jr.: None

Sidney M. Morris: None
Chris Campbell: None
Lynn Lozier: None
Vibeke Norgaard: None

Please list all public clients for which your firm currently provides legal services. Please
list all public clients for which your firm has provided services over the last jive years.

City of Sand City

Successor Agency to the Sand City Redevelopment Agency

For the proposed City Attorney, please specify current or known foture professional
commitments in order that the City may evaluate your continuing availability for
providing legal services to the City.

( At this time, with the able assistance ofVibeke Norgaard I plan to continue
representing Sand City as its City Attorney and the Successor Agency to the Sand
City Redevelopment Agency as its general counsel, for the foreseeable future. I
also plan to continue to serve Deep Water Desai, LLC as its general counsel at
least through the permitting phase for the Monterey Bay Regional Water Project.
I also plan to continue to provide legal services to private clients as need
arises and time permits.
 CURRENT HOURLY RATES FOR PUBLIC CLIENTS

James G. Heisinger, Jr.: $300/hour

Mary Peitso, paralegal: $125/hour

 March 3, 2017

To: Mayor and City Council,

This letter is written as both a reference and endorsement of Mr. James Heisinger
as your next City Attorney. Although he currently serves as a 28 year Sand City
Attorney, he is very capable to serve both Sand City and your city as well, as did
Mr. Don Freeman who served both your City and the City of Seaside in the same
capacity. In discussion with Mr. Heisinger, I did not foresee any conflicts with
him serving as City Attorney for both cities. In comparison of iss1.1es, both of our
cities are located in 'coastal zones' that fall within the authority of the California
Coastal Commission (CCC). Jim knows the Coastal Act well and has had
extensive experience in dealing with coastal issues, the CCC Commissioners and
staff, guiding our City through both difficult, and successful resolutions in all of
our coastal projects over the years; one of which took 24 years of persistent
efforts by both the property owner/developer and the City. This resulted in the
project receiving approvals to build a very unusual and very unique 'eco resort'
that will have environmental amenities in which visitors will come from all over
the world, marvel and stay at this resort. He is very experienced in handling
habitat, landuse, zoning, and litigation issues. He, along with 'special counsel'
City Hall settled Redevelopment Agency (RDA) issues involving the City and another that
1 Sylvan Park, would have cost both cities millions. Jim was very instrumental in guiding the
Sand City, CA City through legal, technical, and financial issues that resulted in the City building
93955
its own desalination plant which is the first of its kind in both California and the
Administration nation.
(831) 394-3054
In conclusion, Mr. Heisinger is a native of your City, understands its issues and
Planning very familiar with issues throughout the region, such as water and the politics of
(831) 394-6700
the area. I think with all of the above stated, he comes to you with both skills and
FAX experience to serve you well as your new City Attorney.
(831) 394-2472

Police Sincerely,
(831) 394-1451

FAX
(831) 394-1038

Incorporated
May 31, 1960
 Bon hams
7'" March 2017

The Mayor and City Council

Cannel-by-the-Sea
California
USA

Dear Mayor and Council Members:

I am delighted to write and recommend my friend and colleague James G. Heisinger, Jr., to you for the
position of City Attorney for the City of Carmel-by-the-Sea. I believe that Jim is eminently suitable and
qualified for this position and would be a great asset to Carmel.

Bonhams, established in 1793, is a privately owneq international auction house based in London with
offices and sales rooms located around the world. i serve as Chairman of the company.

I have known Jim since 1996 when Brooks Auctioneers (whose principals later acquired Bonhams)
held our first classic car auction at Quail Lodge. Acting on behalf of the principals, Jim organized the
Brooks entity in the U.S. In those early years he acted as general counsel for Brooks providing legal
representation with respect to all operations, including personnel matters and corporate organization.
( In 2002, in his capacity as U.S. counsel, Jim represented the owners of Bonhams in the acquisition of
Butterfield & Butterfield Auctioneers and several property holding companies from eBay. The
transactions involved the negotiation and execution of complex purchase agreements, the
establishment of several new corporate entities, personnel issues and advice regarding financial
arrangements.

Jim provided a wide range of legal services during the years following the Butterfield acquisition.
Initially, his service was principally focused on resolving outstanding claims Bon hams inherited at the
time of closing, personnel matters including work visas for executives and specialists employed by the
company, state and federal licensing matters and strategic organizational issues. In later years, Jim's
service remained focused on corporate organization and significant transactions. Jim also served as
trustee of Bonhams' 401k plan.

Jim is well liked and respected throughout the company and I have no hesitation in recommending him
to you.

With best wishes.

Yours faithfully,

"- . Malcolm Barber

Chairman
101 New Bond Street, London W1S 1SR
+44 (0)20 7447 7447
 --<::-.-
/ ~ '~ National Trust for
f~~4 Historic Preservation
"'p Save the past. Enrich the future.

March 6, 2017

Hon. Steve Dallas

Hon. Carrie Theis
Hon. Jan Reimers
Hon. Bobby Richards
Hon. Carolyn Hardy
Carmel-by-the-Sea City Hall
P.O.BoxCC
Carmel-by-the-Sea, CA 93921

Dear Mayor Dallas and Members of the City Council:

I am writing in support of the application of James G. Heisinger, Jr., Esq., to serve as
City Attorney for Carmel-by-the-Sea.
I serve as Chief Legal Officer and General Counsel for the National Trust for Historic
Preservation, a congressionally-chartered nonprofit organization headquartered in
Washington, D.C. The National Trust is the owner of the Cooper-Molera Adobe in
Monterey, and as a result of that ownership we have had a number of legal matters
.requiring the services of local counsel. As a result of strong local references, the
National Trust has for a number of years been represented locally by the law firm of
Heisinger, Buck & Morris in Carmel, and by Jim Heisinger on a number of specific
matters. Based on that experience, I am pleased to recommend Jim for the position
of Carmel City Attorney.
Almost four years ago, the National Trust initiated a project to reinvent Cooper-
Mol era Adobe as a public historic site. Although Cooper-Molera had been
administered by Califonria State Parks as a museum property for many decades, the
prospect that the State would end its operation of the site at the end of 2016 (at the
termination of its long-term lease) caused the National Trust to explore alternatives,
including options for commercial development of portions of the property. The
project required both strategic and legal advice and direct legal assistance from local
counsel who would be able to guide the National Trust in addressing a variety of
issues ranging from local planning and zoning, historic district permitting, real estate
deed and covenant restrictions, the sale of an adjacent parcel, and a variety of
commercial business matters. Jim provided legal advice, engaged directly with
representative of various city agencies in Monterey, and helped the National Trust

The Watergate Office Building, 2600 Virginia Avenue, NW, Suite 1100, Washington, DC 20037
E info@savingplaces.org P 202.588.6000 F 202.568.6038 www.PreservationNatlon.org
 address concerns raised by a number oflocal stakeholder groups. Jim and his
colleagues at Heisinger, Buck & Morris also secured a court decision allowing the use
of portions of the property for restaurant purposes. The project is now in the final
stages of permitting, and rehabilitation work is anticipated to commence at Cooper-
Mol era in the next several weeks.
Throughout our work with Jim, I've been impressed with the depth of his knowledge,
his strategic thinking, and the effective way that he has engaged with third parties -
from local government officials to stakeholder representatives. The National Trust
has been extremely well served by Jim Heisinger, and I am happy to recommend him
to you.
Please feel free to contact me at pedmondson@savingplaces.org or 202-588-6101 if
there is any additional information that would be helpful to you in this matter.
Sincerely,

Chief Legal Officer

!
\ cc: Chip Rerig, City Administrator

2
 Heisinger, Buck & Morris

After graduating from the University of Kentucky School of Law, Sidney Morris began his legal
career as a Naval JAG Officer during the Vietnam War. His expertise in estate planning has its
roots in experience gained by preparing wills for young naval pilots leaving Lemoore Naval air
station for South East Asia, many of whom never returned. In the mid-1970's, Sidney was
honorably discharged from the Navy and joined the Millard firm, which had been established in
Carmel by Malcolm Millard, a graduate of Harvard Law School, after World War II. Sidney has
handled a wide variety of legal matters over the years while developing a particular expertise in
estate planning and administration as well as laws affecting non-profit clients such as the Carmel
Foundation and the Community Foundation for Monterey County. He is certified as an Estate
Planning Specialist by the California State Bar and has been recognized as one of California's
Top 100 Lawyers.

After graduating from the University of California's Boalt Hall School of Law in 1973, Chris
Campbell began her legal career as a Deputy Public Defender in Los Angeles County, where she
acquired extensive trial experience. She joined the Millard firm in 1982, initially handling a
wide variety of civil cases. In the late 1990's, Chris began to focus her practice exclusively on
trusts and estates litigation and contested conservatorships. During that period she also
developed an interest in mediation and trained as a mediator through the Mandel-Gisnet Center
for Conflict Management. Currently, Chris' practice is divided between trusts and estates
litigation and mediation. She serves both as a private mediator and as a member of the panel for
the Monterey County Superior Court Court-Directed Mediation Program. In 2010, Chris was
awarded the Monterey County Bar Association's Lewis L. Fenton Award for Excellence in
\
Advocacy.

After graduating from Monterey College of Law, Lynn Lozier began her legal career when she
joined our firm in 2004. Lynn's practice is focused on estate planning, trust and estate
administration, probate and elder law and conservatorships. She represents conservators and
accepts appointments from the Superior Court to represent conservatees. Lynn appears befor<;;
the Monterey County Superior Court on matters in her practice areas on a regular basis.

While attending the University of California's Boalt Hall School of Law, Vibeke Norgaard
served as a law clerk to the Constitutional Court of South Africa (the highest court in that
country) in 1999. After graduating from Boalt, she joined the McCutchen law firm in the Bay
Area, concentrating her practice on complex commercial litigation. During her time with the
firm, she returned to Africa to serve as a project assistant in investigations on the Truth and
Reconciliation Commission in Sierra Leone. Vibeke left that firm in 2008 to practice civil rights
law and start a family. She has represented indigent clients in civil rights matters and prisoners
in death penalty appeals. She has also served as an adjunct lecturer at Boalt Hall. Vibeke began
providing contract legal services for Sand City last fall and joined our firm at the beginning of
this year. Sand City Council and staff have been delighted to learn that Vibeke plans to advance
her municipal law practice by assisting me in Sand City. Vibeke' s academic honors include
graduating at the top of her class from the University of California at Berkeley, and receiving
lifetime membership in Phi Beta Kappa.