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HomeMy WebLinkAbout2008 Annual Report - Office of the City Attorney Council/Agency Meeting Held: OJ' Deferred/Continued to: Ap rovDed ❑ Conditionally Approved ❑ Denied City Cle 's Si nature Council Meeting Date: 4/20/2009 Department ID Number: CA 09-06 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: MAYOR AND COU ILMEMBERS SUBMITTED BY: JENNIFER McGRA ity Attorney PREPARED BY: JENNIFER McGRA C y Attorney SUBJECT: Receive and File City Attorney's Office 2008 Annual Report Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Receive and file the City Attorney's Office 2008 Annual Report. Funding Source: Not Applicable Recommended Action: Motion to: Receive and file'the City Attorney's Office 2008 Annual Report. Alternative Action(s): Do not receive and file the City Attorney's Office 2008 Annual Report. Analysis: Not Applicable Strategic Plan Goal: City Services (C-2) Provide quality services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: Not Applicable Attachment(s1: City Clerk`r� P. • - Number No. Description 1. City Attorney's Office 2008 Annual Report ATTACHMENT 1 a Mot Or a n 'nM IVAQ _ y a , INGTp�y� Q CF ppUN TV CPS OFFICE OF THE CITY ATTORNEY CITY OF HUNTINGTON BEACH 2008 ANNUAL REPORT JENNIFER WGRATH City Attorney Office of the City Attorney 2000 Main Street, 4th Floor Huntington Beach, CA 92648 Phone: (714) 536-5555 Fax: (714) 374-1590 www.surfcity-hb.org Mayor Keith Bohr Councilmember Joe Carchio Councilmember Gil Coerper Councilmember Devin Dwyer Councilmember Cathy Green Councilmember Don Hansen Councilmember Jill Hardy 1 Message from City Attorney Jennifer McGrath k t *'fir G. NA$' f r Jennifer McGrath, City Attorney I am proud to have served Huntington Beach as the elected City Attorney during the previous six years. I am pleased to present the 2008 Annual Report of the Huntington Beach City Attorney's Office. The mission of the City Attorney's Office is to provide the best possible representation to the City in all lawsuits and administrative matters; to provide excellent legal advice and services to the City Council and to all City officers and employees; and to prosecute, in the name of the People, all violations of the City Charter and Municipal Code. The Huntington Beach City Attorney's Office is rightly considered to be one the finest, most comprehensive municipal law offices in the State of California. The 2008 Annual Report reflects on the many accomplishments of our office during this past year. Sincerely, i Jennifer McGrath City Attorney 1 � ,tr.ex'.r,r•r�i'�'� P 41101-1-11 a The City Charter specifies the City Attorney's powers and duties as follows: Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall be an attorney at law, duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of law in this State for at least three years prior to his election or appointment. The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute, unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of his employment or by reason of his official capacity. (d) Attend all regular meetings of the City Council, unless excused, and give his advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve the form of all contracts made by and all bonds and insurance given to the City, endorsing his approval thereon in writing. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. 2 (g) Devote such time to the duties of his office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to his successor all books, papers, files, and documents pertaining to the City's affairs. City Attorney's Roles and Clients The City Attorney's principal role is to serve as legal counsel and provide legal advice and representation to her clients. The City Attorney's clients are the Mayor and City Council acting as a body, in addition to those persons or entities empowered by the City Council, the City Charter, or state law to act on the City's behalf—for example, the City Administrator and City staff. The Mayor and City Council represent the residents of Huntington Beach. Therefore, when the City Attorney's Office advises and represents the Mayor and City Council, the residents benefit directly and indirectly from that advice and representation. Frequently, members of the public contact the City Attorney's Office requesting legal assistance or representation, believing they are entitled to such legal services as residents of the city. But, as discussed above, the City Charter specifies the City Attorney's clients, and thus prohibits the City Attorney from advising and representing all others, including city residents. However, the City Attorney staff welcomes inquiries from citizens regarding City laws and legal problems. City Attorney's Budget The City Attorney's Office adopted budget for fiscal year 2007-2008 was $2,950,536 for operations and nonrisk litigation expenses. This does not include the general liability reserve. Approximately 84% of the budget was for personnel costs of 17 full-time positions, including two (2) assistant city attorneys, six (6) deputy city attorneys, a law office manager, an investigator, an administrative assistant, four (4) legal assistants, and an office specialist. r° a City Attorney employee Thuy Vi,recipient of the Mayor's Award 3 � >r C p h w Office Retreat July 30, 2008 OFFICE OF THE CITY ATTORNEY ORGANIZATION CHART City Attorney Jennifer McGrath Assistant City Attorney Assisstant City Attorney Administrative Assistant Law 0Mce'Manager Litigation 'Advisory - Administration �� ,dmir istration=.• Scott Field Paul D'Alessandr( Anita,Balkee _ Joan Giguere� Sr. Deputy City Attorney Sr.Deputy City Attorney Legal Assistant Neal Moore Leonie.Mulvihill Advisory/Litigation, Joan Naideth Sr. Deputy City Attorney Deputy City Attorney Legal,Assistant,,. John Fuji]. Michael Vigliotta Advisory' Karen Copeland Deputy City yAttorney Deputy City Attorney; Legal Assistant . Sarah Sutton Daniel K. Ohl ' Litigation` " ChrisIeonhardy- Investigator Deputy City Attorney Leg al'Assistant Robert Dominguez (vacant _ Litigationm Thuy.Vi " Office Specialist° Administration;;, Jean Sharpe , 4 Administration Division . , The administration and support functions are performed under the supervision of the City Attorney. These functions include personnel, .tya clerical, financial, technology, training and development, and records management support. These functions also include p attendance at regular Council meetings as parliamentarian and advisor, and active participation in the executive management q; team to promote the strategic goals of the City Council. The Administration Team—consisting of the City Attorney Jennifer McGrath; Assistant City Attorneys Paul D'Alessandro and Scott Field; Senior Deputy City Attorneys Neal Moore, Leonie Mulvihill, and John Fujii; Law Office Manager Joan Giguere; Administrative Assistant to the City Attorney, Anita Balkee and Office Specialist Jean Sharpe—provides excellent administrative, organizational and managerial oversight of the office, in addition to their other duties. v Significant projects for the Administration Division include: • Comprehensive training program for City staff on a wide variety of topics, including ethics, Form 700 workshops, Brown Act Roundtable with Commission Liaisons, and AB t 1825 (Sexual Harassment) Training. Monthly and quarterly reports to City departments and City Council. Installation of new mobile shelving unit Maintaining complete electronic files on every case and matter in the offic 's document management F � software. Established performance benchmarks to increase x � routine processes and set achievement goals. 5 Advisory Division I OVERVIEW 6 The Advisory Division is supervised by Assistant City Attorney Paul D'Alessandro, and is comprised of Sr. Deputy City Attorney Leonie Mulvihill; Deputy 9 City Attorneys Michael Vigliotta and Dan Ohl; and Legal Assistants Karen Copeland and Joan Naideth. The goal of the Advisory Division is to provide daily legal advice and support to the fourteen City departments and the Redevelopment Agency. The Advisory staff attorneys provide superior internal customer service to ensure that staff can accomplish their goals with little, if any, risk of litigation. CUSTOMER SERVICE The Advisory staff attorneys touch upon virtually all aspects of City business and perform a broad spectrum of legal services, including preparing legislation; negotiating and drafting contracts and other transactional documents; providing legal representation and advice at meetings of the City Council, City Council Committees, and City boards and commissions; prosecuting code violations; providing timely legal advice and assistance to City staff; improving contracting practices and updating form agreements; and informing the City Council and City staff of the changes in the law that directly impact the City. 3 Requests Completed by Department 140 120 100 80 60 40 w� ! 0 � ' mom- , ',-== 02007 02008 LZ Cz v �y rs sz 9 0 z 6 In calendar year 2008, the Advisory Division received 638 requests for legal assistance and completed 687 requests. 2008 RLS 2007 RLS 2006 RLS Received 1638 Received 1629 Received 1618 Closed 1687 Closed 1626 Closed 1520 Requests Complete by Matter Types Public Records& Advice Citizen Criminal Memo& Documents& Inquiry Pitchess& Resolution& Opinion Contracts Requests Hearings Ordinance Protects 2008 99 336 29 64 93 _ 42 2007 94 286 51 68; 85 37 Additionally, the Advisory Division provided assistance with labor negotiations, made 173 appearances on criminal matters, and provided ongoing advice related to the following: • Affordable Housing • Cape Ann/Promenade • Parking Fee Update • Acquisition of Surplus School Property • RipCurlNillage at Bella Terra • Charter Section 311 • CIM/Huntington LLC • Auto Dealer's Readerboard Legislation • Huntington Harbour Yacht Club • Major development projects within the City including Pacific City, Bella Terra, The Strand, and the proposed Senior Center = ` 291 , ,u The Strand 7 HIGHLIGHTS Significant projects for the Advisory Division include: . sa a; w 1. Worked with City Council subcommittee on campaign reform. r d 2. Prepared 400 public hearing notices for condominium conversion restitution fund distribution. 3. Prepared spay and neuter ordinance. 4. Assisted the Downtown Business Improvement District in modifying their organizational structure to comply with the changing dynamics of the downtown area as well as to comply with State law. 5. Worked with finance department in refinancing outstanding bonds. 6. Participated in contract negotiations with Huntington Beach Fire Department, which led to a successful resolution of their Memorandum of Understanding. 7. Negotiated a Memorandum of Understanding with the Friends of Dog Beach for the first time, to memorialize the Friends' obligations, as well as set parameters for their operation on City property. 8. Prepared Special Legislation for introduction in the California Senate relating to the Auto Dealers Readerboard. 9. Assisted staff in response to discovery request relating to the Strand project. 10.Provided staff with direction on implementing SB 698 by providing a pamphlet on condemnation noticing procedures. 11.Advised City Treasurer on disbursement procedures for Bella Terra CFD. 12.Prepared deed restrictions, promissory notes and related agreements to facilitate transfers of affordable housing units. 13.Prepared TEFRA resolutions and loan commitment documents to facilitate the rehabilitation of multifamily affordable housing units. 8 _ F 14.Assisted, advised and prepared supporting documentation relating to ?'1 the certification of the EIR for the f� Senior Center. 15.Prepared modifications to the City's local 4 ' , coastal program as recommend by the Coastal Commission. 16.Prepared Caltrans FTA Section 5310 Program Grant. 17.Revised standard documents to comply with AB 886. 18.Prepared agreements for the 2008 Pier Plaza Presents Concert Series. 19.Prepared 2008 Affordable Housing Fee Update. 20.Assisted, advised and prepared the ordinance to amend the Municipal Code to add a requirement for owners abutting drainage channels to properly maintain landscape materials. 21.Assisted Public Works for update to the Water Management Plan. 22.Prepared revisions to the telecommunications utility user tax ordinance to protect tax revenue. 23.Prepared Surf City Nights management agreement. 24.Prepared lease transfer documents for Meadowlark Golf Course. 25.Prepared sponsorship agreement for Adopt-A-Highway for trash receptacle. 26.Prepared production agreement for Ocean Force TV Show. 27.Actively participated with Ad Hoc Committee regarding temporary uses in the downtown area. 28.Negotiated the extension to the Development and Disposition Agreement with Mayer Financial L.P. 29.Negotiated the proposed Sixth Implementation Agreement to the Development and Disposition Agreement with CIM/Huntington LLC. 30.Assisted with the development of the Senior Center and responded to PRA requests for information relating to the Senior Center. 9 31.Prepared an extensive amendment to the City's Sign Code in response to litigation. 32.Negotiated and approved estoppel agreements for the CVS Pharmacy location in The Strand. 33.Assisted Planning Department in processing entitlements for various development projects, including The RipCurl and the Village at Bella Terra. 34.Negotiated and approved issuance of multifamily revenue bonds for affordable housing project. 35.Advised City staff on the Education Code requirements relating to the acquisition of surplus school property. 36.Prepared the Memorandum and Ordinance regarding Business License Tax Exemption of real estate salespersons and brokers. 37.Reviewed AES reciprocal easements and other land-use agreements. 38.Reviewed Hotels Audit of TOT revenues, including TOT/zoning issues. 39.Provided legal advice regarding oil operation on City-acquired real property. 40.Reviewed and approved SCE "Energy Efficiency Partnership Program." 41.Prepared fee resolution for the Strand parking structure. 42.Reviewed and advised staff regarding Affordable Housing Program policies and procedures. 43.Provided legal advice to the Police Department regarding recovery of jail booking fees. 44.Negotiated CIM/Strand license and maintenance agreement, CCRs, operating agreement and other regulatory documentation. 45.Reviewed and advised staff - regarding Supplemental Retirement and Retiree Medical Plans 46.Responded to Public Records Act requests for information on Pacific City, Senior Center and The Strand. 10 47.Prepared amended regulatory agreement for Pierside Pavilion. 48.Prepared Agency documents for acquisition and rehabilitation for four different multifamily housing projects. 49.Prepared regulatory documents required by Conditions of Approval for various development projects. 50.Negotiated financing documents for The Strand. 51.Advised staff regarding information of special assessment districts. 52.Reviewed and negotiated amendments to regulatory documents for the Waterfront project. 53.Advised staff on issues related to vacation of City easements. 54.Negotiated and drafted nonexclusive franchise agreement to provide pedicab services. l � LM r A 9 Major development projects often need extensive legal assistance and/or defense against legal challenges. 11 Litigation Division The Litigation Division is supervised by Assistant City Attorney Scott Field and is, comprised of Sr. Deputy City Attorneys Neal Moore and John Fujii; Deputy City Attorney Sarah Sutton; and Legal Assistants Thuy Vi, Chris Leonhard and Joan Naideth. The Litigation Division handles all civil matters on behalf of the City and its employees and officials. All cases are handled by the in-house staff unless there is a conflict in representation or the outside counsel is paid by a third party. OVERVIEW A critical element of the City Attorney's legal counsel role is to defend against the lawsuits and claims brought annually against the City. Typical areas of litigation include civil rights, tort and other damage claims, subrogation, eminent domain, collections, writ, contract, and employment matters and administrative hearings concerning personnel, and labor arbitrations and hearings. SIGNIFICANT SAVINGS TO CITY Since 2002, the Litigation Division decreased the City's reliance on outside litigation attorneys. By ensuring that the Litigation Division attorneys have both the genuine desire and the requisite experience to succeed in the litigation arena, the City has consistently experienced a record of successful resolution of litigation. Over the last seven years, the number of cases sent to outside counsel has steadily decreased. Number of cases retained by office vs. referred to outside counsel for past seven years (risk cases only) In-House Outside Year Risk Cases Risk Attorney— Cases Risk Cases 2002 23 18 5 2003 21 19 2 2004 25 25 0 2005 18 - ; 18 0 2006 19 19 0 2007 18 18 0 2008 17 17 0 12 Although using more experienced attorneys in the Litigation Division has minimally increased labor costs within the office, annual surveys of the hourly rates charged by outside counsel, compared to the effective cost of an houss work by a Deputy City Attorney, clearly establish that work performed in-house saves hundreds to thousands of dollars on every litigated matter. With 69 active and closed litigation cases handled in-house this year, cost savings to the City during the year are quite substantial. Hourly Attorney Rates Outside Redevelopment Tort Labor Counsel $160 - $268 $140 - $160 $235 - $260 In-house Redevelopment/Tort/Labor Counsel $91.00 (fully burden rate) By hiring only one additional in-house attorney since 2002 and keeping most litigation and redevelopment matters in-house, there has been a 77% reduction in all outside counsel expenses in comparison to the 03/04 budget. City Attorney Budget for Professional Services BUDGET 2003/04 2004/05 2005106 2006/07 2607108 Adopted Actual Adopted Actual Adopted Actual Adopted Actual Adopted Actual Professional 1,245,000 1,004,744 1,165,488 281,937 417,101 94,699 300,000 134,328° 175,000 156,407 Services Redevelopment 500,000 105,827 500,000 77,879 250,000 40,940 150,000 87,597 150,000 97,751 Prof.Services CLAIMS REVIEW PROCESS In 2007, the City Attorneys Office initiated a procedure that every claim filed with the City involving a potential damage exposure in excess of$25,000, or any claim involving the Police Department, is forwarded to and reviewed by Sr. Deputy City Attorney Neal Moore, for his input and suggestions for handling. Mr. Moore has over 35 years of experience in defending public entities and public employees. Mr. Moore was employed by the Los Angeles County Counsers Office in the 1970s, and he supervised the claim administration program for the County of Los Angeles. This new procedure will maximize the benefit of Mr. Moore's years of experience in the handling and investigation of such claims. 13 More importantly, of the 17 eClosed damage suits closed during the 2008 fiscal year, 9 were resolved without the payment of any money (i.e., 53%). While the members of n se the Litigation Division have au enjoyed success in handling their DangeiroUs cases, this number is a point of ' R particular pride, as it clearly shows the quality of the services being performed. Although the success of the litigation work performed in other areas is harder to quantify, this high percentage of damage cases resolved without the payment of money evidences both the quality and tenacity with which the Litigation Division attorneys perform their work to reach favorable results for their clients. HIGHLIGHTS As indicated above, the Litigation r Division had significant success in a handling its cases this year, resolving 53/o of damage cases without payment of money. This is a result of litigation ' attorne s aggressively y pursuing all _ available, meritorious causes of action or ° defenses, aggressively pursuingF indemnity against culpable co- defendants, and equally aggressively pursuing discovery responses so that opposing litigants recognize both the weakness of their case as well as the strength of the City's case. These are some examples of their successes: A sampling of the cases the Litigation Division resolved during 2008 with no monies paid to plaintiffs include the following: 1. Beachgoer drowned at City beach. 2. Plaintiff claimed false arrest, excessive force, failure to provide medical treatment, and denial of bail arising from Plaintiff's arrest during a domestic disturbance. 3. Complaint for civil rights violations arising out of a domestic violence call for service. 4. A mother and her two children were struck while crossing Slater Avenue. 14 Ug 5. Verizon Wireless sued the City over the denial of its application to attach a cellular antenna to a utility pole. 6. Plaintiff alleged that Hanson Recycling Center is a misuse of public lands on City park property and that the lease agreement between the City and Hanson is illegal. 7. City's denial of a CUP for development of property as a floating 4-dock marina. 8. Action to recover medical marijuana seized by the Huntington Beach Police Department. 9. Bicyclist slipped and crashed causing various injuries and a broken foot. 10. State lawsuit alleging inverse condemnation based on City's delay in processing of entitlement application. 11. During the course of a DUI arrest, a Police Officer sustained a wrist fracture. The individual sued, and the Police Officer counter-sued, and City to defend the cross-complaint. 12. Issue of the "park fee" that the subdivider of Pacific City owed the City. 13. A student was physically restrained by school teachers in a special education class. 14. HBPD Officer involved in auto accident and had pending third-party claim. 15. Construction company excavated land for City with a back hoe equipment and damaged underground electrical facilities owned and operated by Edison. 16. Subcontractor demanded payment from contractor and City for construction modifications at fire stations. 17. Complaint for personal injury arising out of 8/8/05 incident where police officers transported Plaintiff to a facility for medical and psychiatric observation. 15 18. Plaintiff claims was not paid by City for engineering services. Some of the more significant cases resolved in 2008 where monies were paid include the following: 1. Plaintiff tripped and fell on the curb/sidewalk adjacent to the skate park on Main Street. 2. Automobile accident involving City police vehicle. 3. Police Officer alleges harassment and discrimination within the City's police department. 4. Personal injury action arising out of rear-end collision involving three cars. City employee driving City vehicle hit Plaintiff's vehicle, propelling it into third vehicle. 5. Plaintiff alleged that City trees damaged and lifted a driveway causing Plaintiff to fall and resulted in bodily injury. 6. HBPD Officer injured in a traffic accident. He pursued a claim against the driver and City sought reimbursement of workers' compensation benefits paid to him. 7. Branch from a City tree fell on insured vehicle. 8. Plaintiff alleged that excessive force was used when the City's police officers arrested him in a trailer park. _ 3 ate_ u. r s 16 Community Outreach Activities City Attorney Jennifer McGrath is currently serving on The League of California Cities as x E w an editor for the Municipal Law Handbook. Also, she is an active member in the Huntington Beach Kiwanis Club and 1#x V, f `° a Soroptomists Club of Huntington Beach. Assistant City Attorney Scott Field is a volunteer Yvan in Government Say Temporary Judge for the Orange County Superior Court. His work typically involves conducting settlement conferences. Senior Deputy City Attorney Neal Moore was appointed by the State Bar Board of Governors to serve on the Executive Committee for the Litigation Section of the State Bar of California. This Committee concerns itself with the policy, education, and organizational issues for the Litigation Section of the State Bar. Mr. Moore served again this year as the attorney-coach for the Marina High School Mock Trial Team. This team competes against other high schools in Orange County in simulated trial competitions. Senior Deputy City Attorney Leonie Mulvihill was a guest speaker along with representatives of the OC Coastkeepers and the Surfrider Foundation on a panel discussion on environmental law and land development at Whittier Law School. Leonie Mulvihill is also the chair of the Parents Advisory Committee for the West County YMCA for Hawes School in Huntington Beach. Senior Deputy City Attorney John Fujii volunteers every week through the Rodgers Seniors' Center in its Senior Visitor Program. Deputy City Attorney Sarah Sutton and her husband went on a faith-based restoration/charity trip to work on homes hit by the 2001 Katrina hurricane. Several staff members of the City Attorneys Office volunteered _ their Saturdays decorating the Surf Citys Float for the ' � r Tournament of Roses. Law Office Manager Joan Giguere and her son volunteered to help clean up the City Beach as part of Earth Day. They also t volunteered over the holidays with "Project Christmas Child." 17 Attorney Bios PAUL D'ALESSANDRO Practice Areas, Background and Experience Mr. D'Alessandro presently serves as the Assistant City Attorney supervising the Advisory Division of the City Attorney's Office. He provides legal assistance on all areas of municipal law, including land use, redevelopment, affordable housing, public works, community services, public meetings (Brown Act), public records, elections, conflicts of interest, and business transactions. Mr. D'Alessandro joined the City Attorney's Office as a Deputy City Attorney in 1988. As a Deputy City Attorney, Mr. D'Alessandro had extensive litigation and transactional practice. He served as legal advisor to the Huntington Beach Planning Commission, and handled numerous trials, appeals, arbitrations and administrative hearings in virtually all areas of municipal litigation practice, including eminent domain, inverse condemnation, civil rights, tort defense, land use, labor, and criminal prosecutions. Professional Affiliations Mr. D'Alessandro is admitted to practice law in California and the District of Columbia, and before the United States District Courts for the Central and Southern Districts of California, and the Ninth Circuit Court of Appeal. Education Mr. D'Alessandro is a graduate of Loyola Law School (J.D.), where he was a staff member on the Loyola of Los Angeles Law Review, and the University of California, Riverside (B.A., English and History). SCOTT FIELD Practice Areas, Background and Experience Mr. Field presently serves as the Assistant City Attorney supervising the Litigation Division of the City Attorney's Office. The Litigation Division handles all phases of all civil litigation matters involving the City and Redevelopment Agency, including pretrial discovery, law and motion, trial, and appeals. Mr. Field joined the City Attorney's Office as a Deputy City Attorney in 1995. Prior to joining the City Attorney's Office, Mr. Field was a partner at Burke, Williams & Sorensen, a law firm specializing in the representation of public agencies throughout California, where he served as City Attorney for the Cities of Temecula (1989-94) and Mission Viejo (1988-90). Professional Affiliations Mr. Field is admitted to practice law in California, and before the United States 18 District Courts for the Central and Southern Districts of California, and the Ninth Circuit Court of Appeal. Education Mr. Field is a graduate of UCLA School of Law (J.D.), and the University of California, Berkeley (B.A., Economics). JOHN FUJII Practice Areas, Background and Experience Mr. Fujii presently serves as a Senior Deputy City Attorney in the Litigation Division of the City Attorney's Office. He primarily practices in state and federal trial and appellate courts, litigating cases involving civil rights, land use, torts, construction and environmental law. Prior to joining the City Attorney's Office, Mr. Fujii was an associate at the law firms of Jeffer, Mangels, Butler & Marmaro in Century City and at Brobeck, Phleger & Harrison in San Francisco. From 2002 to 2005, Mr. Fujii taught legal research and writing as an adjunct professor at Chapman University School of Law. Professional Affiliations Mr. Fujii is admitted to practice law in California and before the United States District Courts for the Central and Northern Districts, and the Ninth Circuit Court of Appeal. Education Mr. Fujii is a graduate of the Boalt Hall School of Law at U.C. Berkeley (J.D.), and U.C. Davis (B.S., Animal Physiology). JENNIFER MCGRATH Practice Areas, Background and Experience In 1996, Ms. McGrath began her career with Huntington Beach as a Deputy City Attorney. While at that position, Jennifer established relationships with city residents and officials that allowed her to improve service levels to the City Council. In November of 2000, the people of Huntington Beach elected Jennifer McGrath as their City Attorney. Professional Affiliations Ms. McGrath is admitted to practice law in California and before the United States District Courts for the Central and Northern Districts, and the Ninth Circuit Court of Appeal. 19 Educations Ms. McGrath is a graduate of McGeorge School of Law (J.D.), and the University of California at Los Angeles, (B.A., Political Science) NEAL MOORE Practice Areas, Background and Experience Mr. Moore presently serves as the Senior Deputy City Attorney in the Litigation Division of the City Attorney's Office. Mr. Moore is the senior trial attorney in the City Attorney's Office, and handles a wide range of civil litigation matters involving the City and Redevelopment Agency. Mr. Moore joined the City Attorney's Office in 2004. From 1976 to 2004, Mr. Moore was in private practice, specializing in the defense of public entities and public employees. He has completed approximately 100 civil jury trials. From 1971 to 1976, Mr. Moore was employed by the County of Los Angeles as a Deputy County Counsel. He holds the rank of Advocate from the American Board of Trial Advocates, and is a member of the Executive Committee for the Litigation Section of the State Bar of California. Professional Affiliations Mr. Moore is admitted to practice law in California, and before the United States District Court for the Central District of California, the Ninth Circuit Court of Appeal, and the United States Supreme Court. Education Mr. Moore is a graduate of the University of Southern California School of Law (J.D.), and the University of Southern California (B.A., History). LEONIE MULVIHILL Practice Areas, Background and Experience Ms. Mulvihill presently serves as the Senior Deputy City Attorney in the Advisory Division of the City Attorney's Office. She primarily practices in the area of land- use and redevelopment law and advises the Planning and Economic Development Departments of the City on issues relating to zoning, planning, real estate, housing, municipal finance, redevelopment, and environmental law. She negotiates complex financial transactions on behalf of the City and Redevelopment Agency. She also currently serves as legal counsel to the Huntington Beach Planning Commission. Prior to her assignment to the Advisory Division, Ms. Mulvihill represented the City in numerous complex civil litigation matters. Prior to joining the Huntington Beach City Attorney's Office in 2001, Ms. Mulvihill was a senior associate at a private law firm specializing in the representation of public school districts and water agencies throughout California. Ms. Mulvihill 20 was also previously employed by the City of Austin, Texas, as an Assistant City Attorney, where she prosecuted criminal matters including zoning compliance and environmental violations. Professional Affiliations Ms. Mulvihill is admitted to practice law in the states of California and Texas, and the United States District Court for the Central District of California. Education Ms. Mulvihill is a graduate of the California Western School of Law (J.D.) and the University of California, San Diego (B.A., Economics). DANIEL K. OHL Practice Areas, Background and Experience Mr. Ohl presently serves as a Deputy City Attorney in the advisory division of the City Attorney's Office. He practices primarily in the areas of police legal advisor, "Pitchess" motions, code enforcement, building and public works, and public records. Mr. Ohl also prosecutes violations of the City's municipal code. Prior to joining the City Attorney's Office, Mr. Ohl was a Deputy City Attorney with the City of Newport Beach from 1994-2007. He handled all phases of civil litigation, including pretrial discovery, law and motion, trial and appeal. He provided advisory services to the police and fire departments, city lifeguards, code enforcement, building, planning, community services and general services departments. Professional Affiliations Mr. Ohl is admitted to practice law in California, the United States District Courts for the Southern, Central, Eastern and Northern Districts, and the Ninth Circuit Court of Appeal. Education Mr. Ohl is a graduate of McGeorge School of Law (J.D.) and California State University at Long Beach (B.A., Political Science). SARAH SUTTON Practice Areas, Background and Experience Ms. Sutton presently serves as a Deputy City Attorney in the Litigation Division of the City Attorney's Office. She primarily practices in the area of tort defense and has taken to verdict over 50 jury trials. Prior to her assignment to the Litigation Division, Ms. Sutton was assigned to the Advisory Division, where she served as the City's police legal advisor. She has also practiced in the areas of land use, public works, public records, public meetings (Brown Act), and conflict of interest law. 21 Prior to joining the Huntington City Attorney's office in 1989, Ms. Sutton was a Deputy City Prosecutor for the City of Long Beach. Professional Affiliations Ms. Sutton is admitted to practice law in California, and before the United States District Court for the Central District of California. Education Ms. Sutton is a graduate of the University of San Francisco School of Law (J.D.) and the University of California, Berkeley (B.A., Political Science); and is also certified in Mexican law from the Universidad Pano Americana in Mexico City, Mexico. MIKE VIGLIOTTA Practice Areas, Background and Experience Mr. Vigliotta presently serves as a Deputy City Attorney in the Advisory Division of the City Attorney's Office. He primarily practices in the area of labor and employment law and advises all city departments on issues relating to employee discipline, discrimination, harassment, wages and hours, family and medical leave, disability, and labor law. He is responsible for prosecuting employee disciplinary appeals on behalf of the City before the Personnel Board and representing the City before the Unemployment Appeals Board. He also participates in the negotiation of memorandums of understanding with employee unions, as well as the drafting of employee contracts, city resolutions, ordinances, processes and policies. He provides training on various employment-related issues to city management and staff. Prior to joining the City Attorney's office in 2005, Mr. Vigliotta was employed by the City of Santa Ana as a Deputy City Attorney. In Santa Ana, Mr. Vigliotta provided general counsel to various city departments on such issues as utility user and hotel visitor tax and fees, election matters, open meeting laws, conflict of interest and ethics regulations. In addition, Mr. Vigliotta prosecuted code enforcement matters and provided litigation support regarding law and motion for specialized litigation matters. Professional Affiliations Mr. Vigliotta is admitted to practice law in California and before the United States District Court for the Central District of California, and the Ninth Circuit Court of Appeal. Education Mr. Vigliotta is a graduate of the Chapman University School of Law (J.D.) and Gannon University (B.A., Political Science). 22 RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney's Office SUBJECT: Receive and File City Attorney's Office 2008 Annual Report COUNCIL MEETING DATE: , April 20, 2009 RCA,ATTACH EN1T STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attome ) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ch No Applicable Staff Report (If applicable) Attached t Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EPIaTlOf FOBu10ll1 QTTOWEIT REVIE!l19 RETURNED,,._-,- -F0,RWA1jDM Administrative Staff Deputy City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: s RCA Author: JMIJG 09-