Our firm’s approach to addressing legal risk is that “an ounce of prevention is worth a pound of cure.” That is, by working closely with our clients, costly legal risks can be avoided by providing the necessary legal advice before they arise, as opposed to after.

Founded in 1984, LOWDR has tailored its legal practice towards serving the varying and diverse needs of cities, special districts, and property owners. With a main office in Palo Alto and a satellite office in Los Angeles, LOWDR serves clients across all of California.

Our legal expertise is unique because we routinely advocate matters that span both the public and private sectors, allowing our team to draw upon a vast knowledge base to serve the needs of our clients. The firm’s principal attorney, William D. Ross, has over forty years of experience in representing local governmental agencies and property owners.

Attorney Profiles

Municipal and Special District Law

The attorneys at LOWDR take a full-service approach to our City, Special District, and Joint Power Authorities (JPA) clients, guiding them through all aspects of the increasingly complex legal landscape affecting their day-to-day operations.

Our legal team is equipped with the experience to provide high-quality representation, advocacy, and service for nearly all matters facing a public agency. A small sampling of just some of the matters our experts routinely assist our public agency clients with include:

• Ralph M. Brown Act and open government compliance
• Public bidding and contracting requirements
• Code enforcement
• Preparing ordinances, resolutions, and staff reports
• Contract and real estate negotiations
• Employee relations, employee benefits, and labor law
• CEQA and Environmental Law
• Zoning, planning, and land use
• Local Agency Formation Commission (LAFCO) matters, such as annexations and other changes of organization
• State and federal regulatory compliance
• Adopting special taxes, special assessments, development fees, and other municipal financing mechanisms
• Elections Law
• Public records requests
• Risk management, ethics training, and insurance matters
• All aspects of litigation, including discovery, legal motions, attending trial, and conducting mediation and settlement negotiations

Real Estate, Land Use, and Construction Law

For both private sector and governmental clients, LOWDR provides complete representation in a wide variety of real estate and land use matters. We provide guidance in a wide variety of matters, including residential subdivisions, large-scale mixed-use developments, and the construction of roads, public works, and other public improvements associated with new development.

Our team is experienced in every sector of land use and real estate development, including:

• Permit application and processing
• General and specific plan amendments
• Development agreements
• Subdivision and tentative map applications
• Lot line adjustments
• Environmental compliance
• Zoning amendments and variances
• Land use litigation
• Conservation
• Affordable housing

CEQA – The California Environmental Quality Act

Clean Water Act, and related Environmental Protection Laws

Our attorneys continually advise its private sector and municipal clients on matters involving environmental compliance. The firm is equipped to assist with the entire environmental review process for both large-scale and small-scale development, including the preparation of an Initial Study, Negative Declaration, or Environmental Impact Report. Our team is experienced in defending against litigation brought pursuant to CEQA and other environmental laws, including representing clients in matters involving the California Porter-Cologne Water Quality Act and the federal Clean Water Act.

LOWDR has recently represented a municipal client in federal court in an action brought under the Clean Water Act regarding allegations relating to a municipal wastewater collection system. Additionally, our team has defended clients in environmental litigation regarding alleged soil contamination brought pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act.

Contracts and Public Bidding Requirements

The Firm consistently prepares and negotiates contracts, including real estate agreements, purchase agreements, service contracts, and construction contracts, among many others. Our experts are knowledgeable of public bidding requirements, including requirements for public works contracts, design-build contracts, and construction manager at risk contracts.

We also prepare the purchasing/public bidding policies for nearly all of our governmental clients, and routinely advise them on matters involving the construction of public works.  For example, our Firm has recently advised a municipal client on the procedures for contracting to replace subterranean water mains, and is representing several fire protection districts on matters relating to the construction of new fire stations and firefighter training facilities.

Employment, Personnel, and Worker’s Compensation Law

LOWDR routinely formulates memorandums of understanding with labor groups and provides representation in employee compensation issues, CalPERS matters, employee lawsuits, Family Medical Leave Act and workplace safety issues, and all forms of personnel discipline and administration. Our firm also has experience in worker’s compensation issues, including self-insurance retention authorities, such as FASIS, and worker’s compensation administrators.  We also advise and represent clients regarding compliance with the Health Insurance Portability and Accountability Act.

Water Rights

Our practice includes advising public agencies, water providers, and developers on water rights and regulatory compliance, including matters involving Regional and State Water Quality Control Boards. We also negotiate, draft, and interpret water supply contracts between governmental agencies.

Legislative and Administrative Compliance

Advocating for and advising our public agency clients on matters involving regulatory and administrative compliance is a key element of our practice. Recently, for example, this has involved compliance with the Governor’s Executive Orders regarding the ongoing drought conditions, as well as emergency regulations issued by the California Water Resources Control Board.

Litigation and Conflict Resolution

LOWDR’s legal experts are well-versed in managing all aspects of a lawsuit, including conducting discovery, preparing and filing legal motions and briefs, attending trial, and mediation of disputes. We zealously advocate our clients’ rights in all state and federal courts across California.

PUBLISHED APPELLATE CASES (Partial Listing Only)

• American Canyon Community United For Responsible Growth v. City of American Canyon, 145 Cal.App.4th 1062 (2006)
• Endangered Habitats League, Inc. v. County of Orange, 131 Cal.App.4th 777 (2005)
• San Ramon Valley Fire Protection District v. Contra Costa County Employees Retirement Association, 125 Cal.App.4th 343 (2004)
• County of Orange v. Superior Court, 113 Cal.App.4th 1 (2003)
• Carmel Valley Fire Protection District, et al. v. State of California 25 Cal.4th 287 (2001)
• City of El Monte v. Commission on State Mandates, 3 Civ. C025631 (2000)
• G.L. Mezzetta, Inc. v. City of American Canyon, 78 Cal.App.4th 1087 (2000)
• Vedanta Society of Southern California v. California Quartet, Ltd. 84 Cal.App.4th517 (2000)
• San Miguel Consolidated Fire Protection Dist. v. Booker, 25 Cal.App.4th 134 (1992)
• William S. Hart Union High School Dist. v. Regional Planning Commission, 226 Cal.App.3d 1612 (1991)
• Long Beach Unified School District v. State of California, 225 Cal.App.3d 155 (1990)
• City of Sacramento v. State of California, 50 Cal.3d 51 (1990)
• American River Fire Protection Dist. v. Board of Supervisors, 211 Cal.App.3d 1076 (1989)
• Carmel Valley Fire Protection Dist. v. State of California, 190 Cal.App.3d 521 (1987)
• City of Anaheim v. State of California, 189 Cal.App.3d 1478 (1987)
• Division of Occupational Safety and Health v. State Board of Control, 189 Cal.App.3d 794 (1987)
• County of Los Angeles v. State of California, 43 Cal.3d 46 (1987)
• Las Virgenes Homeowners Federation, Inc. v. County of Los Angeles, (Currey-Riach Company, Real Party-In-Interest),177 Cal.App.3d 300 (1986) (CEQA action)
• Rapid Transit Advocates v. Southern California Rapid Transit District, 752 F.2d 373 (9th Cir. 1985) (NEPA action)
• San Bernardino Valley Audobon Society v. County of San Bernardino, (Gold Mountain Memorial Park, Real Party-In-Interest), 155 Cal.App.3d 738 (1984) (CEQA action)
• Richard M. Carman v. H.B. Alvord, as Tax Collector, 31 Cal.3d 318 (1982)
• Vernons & Vernons, Ltd. v. County of Los Angeles, 115 Cal.App.3d 943 (1981)
• Pitney-Bowes, Inc. v. State of California, et al., 108 Cal.App.3d 307 (1980)

 AMICUS PARTICIPATION

• Author, Amicus Curiae Brief of Fire Chiefs Association of California in Richmond v. Shasta Community Services, Dist., 32 Cal.4th 409 (2004)
• Participation as Amicus Curiae in several Appellate land use matters, for example: DeVita v. County of Napa, 9 Cal.4th 763 (1995)

UNPUBLISHED APPELLATE CASES (Partial Listing Only)

• Carmel Valley Fire Protection Dist., et al. v. Monterey County Emergency Medical Services, Inc., et al., Monterey County Superior Court Case No. M 33535, Emergency Medical Services litigation, prevailed in trial court with award of $300,000.00 in attorneys’ fees, affirmed on Appeal, Sixth Appellate District Case Nos. H016236 and H016821 (2001)
• Citizens For An Informed Choice of San Dieguito v. Local Agency Formation Commission, 4 Civ. D004698 (1986) (Defended legal challenge to the incorporation of the City of Encinitas)

CALIFORNIA STATE ENERGY COMMISSION PROCEEDINGS

• Serves as Counsel for Southern Inyo Fire Protection District in the continuing proceedings of BrightSource for an Alternate Energy Source, Charleston View Inyo County, 2012 to present (Hidden Hill Solar Electric Generating System, Docket No. 11-AFC-2).