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Mr. Fierro has served as City Attorney for the City of Coachella and as Interim City Attorney for the City of Anaheim, as well as Assistant City Attorney for the cities of Chino and Rialto. In those roles, he has advised city councils on all aspects of municipal government, including but not limited to conflict of interests, the Brown Act, the Public Records Act, and the Political Reform Act. He also advised the planning commissions for the cities of Chino and Coachella on all aspects of land use and development.
Mr. Fierro has extensive knowledge of governmental law, including ballot measures; the Brown Act; business licensing & regulation; the California Environmental Quality Act; code enforcement; contract negotiations and preparation; development agreements; finance and fees; governmental liability; land use & zoning; mobilehome rent control; municipal liability defense; ordinance and resolution preparation; personnel and employment; public bidding & contracting: real property acquisition and disposition; the Subdivision Map Act; and the Mitigation Fee Act.
Mr. Fierro represented the City of Coachella in planning, contracting, and constructing a new, nearly 30-million-dollar wastewater treatment plant. When the general contractor fell behind schedule, he advised the City on the procedure for filing claims against the contractor’s bonds. He then negotiated with the sureties and secured the services of a substitute contractor to complete the project with a minimum of disruption and delay.
Mr. Fierro played a similar role with regard to the construction of two fire stations in the City of Chino. When the general contractor abandoned the projects, he advised the City on the procedure for terminating the contractor’s performance, and he negotiated with the bond issuer until new contractors were retained and finished the stations at a total cost that was lower than the original budget.
Mr. Fierro recently advised the City of Chino on the preparation and adoption of its Climate Action Plan, which sets forth measures and strategies designed to reduce greenhouse gas emissions to a level that in 2020 will be 15% below that of 2008. He then successfully defended the Climate Action Plan against a CEQA challenge.
Mr. Fierro has advised municipal police departments on issues ranging from personnel to the Public Records Act, and from acquisition of technology to discipline issues. In addition, he has written significant ordinances on adult businesses, mobilehome parks, synthetic drugs, and juvenile offenders.
Mr. Fierro has extensive litigation experience. He has handled the following types of cases:
Defense of CEQA actions intended to halt major retail, residential, and industrial development projects and challenging adoption of General Plans.
Defense of mobilehome park owners’ claims to higher rents and challenges to city mobilehome rent control ordinances.
Defense of many Governmental Liability cases, ranging from slip-and-falls to police liability and wrongful death cases. Mr. Fierro has handled a number of police liability cases, including two in which he successfully defended favorable trial court decisions that were appealed to the United States Ninth Circuit Court of Appeals.
Defense of public school districts in cases involving claims of discrimination based on sex, age, and race, as well as retaliation and harassment. Advised clients on preventative measures and policies as well as investigating and aggressively defending DFEH and EEOC claims and lawsuits in both state and federal courts.
Mr. Fierro served as editor of Chapter 9 (“Regulating Businesses and Personal Conduct”) for the 2015 and 2016 editions of the Municipal Law Handbook.
Harvard Law School, Juris Doctor; Cambridge, MA 02138.
University of the Pacific, B.A., History, summa cum laude; Stockton, CA 95211.
State Bar of California
United States District Courts for the Central and Eastern Districts of California
United States Court of Appeals for the Ninth Circuit