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Home My WebLink About2009 City Attorney Quarterly Reports Council/Agency Meeting Held: O Deferred/Continued to: Appro d ❑ Conditionally Approved ❑ Denied Ci ler ' ignat Council Meeting Date: 9/21/2009 Department ID Number: CA 09-09 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: MAYOR AND COUN ILMEMBERS SUBMITTED BY: JENNIFER McGR ity Attorney PREPARED BY: JENNIFER McGRAT ity Attorney SUBJECT: Receive and File City Attorney's Quarterly Report FStatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Receive and file the City Attorney's Quarterly Report for April 1, 2009, through June 30, 2009. Funding Source: Not Applicable Recommended Action: Receive and file the City Attorney's Quarterly Report for April 1, 2009,through June 30, 2009. Alternative Action(s): Do not receive and file the City Attorney's Quarterly 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(s): City Veolkl,'s, PioeNuffi,be No., Pesceiptiou 1. City Attorney's Quarterly Report for April 1, 2009 through June 30, 2009 17.. ATTACHMENT # 1 City Attorney's Quarterly Report This report reflects the activities of the City Attorney's Office for April 1, 2009 through June 30, 2009. Administration Division The administration and support functions are performed under the supervision of the City Attorney. This includes personnel, clerical, financial, technology, training and development, and records management support. This function also includes attendance at regular council meetings as parliamentarian and advisor, and active participation in the executive management team to promote the strategic goals of the City Council. Significant accomplishments for the Administration section include: Conducted training in Public Works Construction Contracts and"Now You've Been Sued"—non-police. Advisory Division The Advisory Division, comprised of three deputy city attorneys, is supervised by an Assistant City Attorney and provides legal assistance on all matters pertaining to the daily operation of the City to the City Council and City officers. It prepares all legal documents and opinions to ensure the City can accomplish its goals and objectives with little, if any, risk of litigation. The Advisory Division received 149 requests for legal assistance and completed 134 requests. There are 125 outstanding requests for legal assistance as of June 30, 2009. Additionally, staff provided assistance with labor negotiations; reviewed and prepared 74 documents and contracts; drafted 19 ordinances and resolutions; made 14 appearances on criminal matters; and provided on-going advice related to the following: • CIM—Strand • Measure T—Central Park Senior Center • T-Mobile Cellular Tower License • Campaign Contribution Reform—2.07 • Collection of Retirement Overpayments • Measure C—Charter § 612 Issues • Use of Joint Powers Facility • Comprehensive Fee Study Update • National Link—ATM services 07-1059/30181 1 COMPLETED REQUEST FOR LEGAL SERVICES AS OF April-June 2009 Public Records Advice & Criminal Memo Documents Citizen Pitchess Resolution & & Inquiry & & Opinion Contracts Requests Hearings Ordinance Projects Total Administration 0 3 0 0 3 0 6 Building& Safety 0 2 0 0 0 0 2 City Attorney 0 4 0 0 1 0 5 City Treasurer 1 2 0 0 1 1 5 Community , Services 3 4 0 - 0 10 8 Econ. Development 1 26 1 0 3 0 31 Finance 2 4 0 0 . 2 1 9: Fire 2 3 0 0 1 1 7 Info. Services 2 5 0 0 0 0 7 . Human Resources 1 2 0 0 0 2 5 Library 0 2 0 0 0- 0 2 ' Planning 0 3 0 0� 7 - '0 ° . - ��10 Police 1 4 0 10 0 0 15 Public Works 2 14 0 0_ 4, 2_ 22 Total 15 78 1 10' .23 . Z 134 Significant projects for the Advisory Division include: 1. Reviewed and advised staff regarding the PUC ruling related to utility undergrounding at Newland. 2. Advised staff regarding the interpretation of Personnel Rule 14-4 relating to employee evaluations. 3. Advised staff on liability issues related to use of Joint Powers facility basement as backup data center. 4. Reviewed and advised staff regarding Measure C —Charter§ 612 issues related to Wardlow School Site. 5. Advised staff regarding recovery for damages to City's block wall. 6. Negotiated lease agreement with Huntington Harbour Yacht Club. 7. Advised staff regarding use of Segways on public property. 8. Advised staff regarding the disclosure list of vendors attending Bidder's Conference. 07-1059/30181 2 9. Provided advice to staff on issues related to increased sales tax and prepaid purchases. 10. Reviewed and approved Gothard Landfill Easement Purchase Agreement. 11. Reviewed and approved MD Helicopters indemnity clause. 12. Reviewed and approved Waste Disposal Agreement—County of Orange. 13. Prepared several deed of trusts and necessary documents to close escrow documents in accordance with the City's Affordable Housing Program. 14. Revised and prepared SCE—Site License Agreement. 15. Prepared CIM/Strand side letter authorizing prepayment. 16. Prepared an amended professional services agreement for redevelopment services. 17. Advised city staff and prepared an agreement regarding City's IRC 457 Plan. 18. Responded to public records requests for information on Burlington Coat Factory/Bella Terra. 19. Prepared a Joint Use Agreement with Pegasus School for Arevalos Park. 20. Advised staff and prepared DDA modifications for Pierside Pavillion. 21. Provided advice to department regarding implementation of IRS rules on take home vehicles. 22. Negotiated and draft license agreement for ATM services. 23. Prepared and finalized requests for qualifications for redevelopment legal services. 24. Negotiated and drafted agreement, MOU and documents to fund First Time Buyers' Down Payment Assistance Program. 25. Prepared water conservation ordinance with staff to comply with MWD requirements. 26. Prepared five legislative drafts and ordinances to the City's Local Coastal Program zoning amendments approved by the California Coastal Commission. 27. Prepared amended resolutions for the Comprehensive Fee Study Update. 28. Updated the City's Newsrack Ordinance. 07-1059 30181 3 Litigation Division The Litigation Division, comprised of three deputy attorneys, is supervised by an Assistant City Attorney and 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. The Litigation Division is currently handling 41 active cases. The City was served with seven (7) new cases and the City filed one new case this quarter. The charts below identify the types of cases and the potential liability exposure of these cases. Active Litigation Cases Miscellaneous Redevelopment�7ti/� � ry Civil Rights 5/� AuMrrld�b ,� "� 5. A Land Use 17% s_:,•;. "C�t~kstrticu3on":� u Y y_vim f 7 Debt Recovery .� Employment -a� I( 5% POTENTIAL LIABILITY OF PENDING CASES ❑Reserves under$50,000 0 Reserves over$50,000 6 4 2 1 O oae� `o `oa J`Q Z�io Sic ova Leo \oa Sao ¢?off LSc9 ca\Qco O 07-1059/30181 4 The Litigation Division settled the following cases with no monies paid to the plaintiff(s): 1. Vehicle accident at the intersection of Adams and Bushard, where construction was being performed by City's contractor. 2. Complaint alleges City's "Wireless Permit Ordinance"requirements are unlawful and prohibits Plaintiffs from providing telecommunications services to its customers. The Litigation Division also settled the following matters: 1. Plaintiff tripped and fell near Bch Street and Olive . 2. Claim for wrongful death and civil rights violations arising out of the 8/25/06 incident. 3. Plaintiff alleges the area in which she fell was dangerous, within the meaning of the Government Code. 07-1059/30181 5 CAROUTING SHEET INITIATING DEPARTMENT: City Attorney's Office SUBJECT: Receive and File City Attorney's Quarterly Report COUNCIL MEETING DATE: September 21, 2009 RCA ATT° CHMENTS f STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Appiicable 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 Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached El (Approved as to form by City Attorney) No Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Ap licable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attach El Not A educable Staff Report (If applicable) AttachedEl No ucable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable _EXPLANATIO FORP�ISSITTAO EfT REVIEWED :W _RETURNED FOR RDED Administrative Staff ( ) Deputy City Administrator (Initial) g p _ Eq ?nna ( ) ( ) City Administrator (Initial) il ) CityClerk _.... _ r 'n 1 �EXPLANATIIOWFOR RETURN OF ITEM. POW RCA Author: JM/JG