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HomeMy WebLinkAbout2009 City Attorney's Office Annual Report 0,-f I Council/Agency Meeting Held: Deferred/Continued to: AA pro ed ond"tionall A_prov ❑ Denied C y lerk' Signat r Council Meeting Date: July 6, 2010 Department ID Number: CA10-007 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members — SUBMITTED BY: Jennifer McGrath, City Attorney PREPARED BY: Jennifer McGrath, City Attorney SUBJECT: Receive and File City Attorney's Office 2009 Annual Report Statement of Issue: Receive and file the City Attorney's Office 2009 Annual Report Financial Impact: Not Applicable Recommended Action: Motion to: Receive and file the City Attorney's Office 2009 Annual Report. Alternative Action(s): Do not receive and file the City Attorney's Annual Report. -107- Item 7. - Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 7/06/2010 DEPARTMENT ID NUMBER: CA10-007 t Analysis: Not Applicable L Environmental Status: Not Applicable Strategic Plan Goal: Improve Internal and External Communication Attachment(s): Description 1. City Attorne 's Office 2009 Annual Report Item 7. - Page 2 -108- ATTACHMENT # 1 i i OFFICE OF THE CITY ATTORNEY CITY OF HUNTINGTON BEACH 2009 ANNUAL REPORT JENNIFER WGRATH City Attorney y,OHt I Ncrop Ot_wnu, B�9 2cF�UUN TV 6P���pQ2 -..__...- .._._..._.-......._..........-_.............. --- !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 Item 7. - Page 4 -110- Message from City Attorney Jennifer McGrath ^� II Jennifer McGrath,City Attorney I am proud to have served Huntington Beach as the elected City Attorney during the previous seven years. I am pleased to present the 2009 Annual Report of the Huntington Beach City Attorney's Office. Like most cities in our nation, Huntington Beach endured a difficult economic climate in 2009. The City Attorney's Office eliminated two full time positions in 2009, but still strived to accomplish our missions: 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 2009 Annual Report reflects on the many accomplishments of our office during this past year. Sincerely, Jennifer McGrath City Attorney 1 -111- Item 7. - Page 5 T, e Ctty Charter speelfies the E City Attorneys po�virers andz� r x , 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 a California,and shall have been engaged in the practice of law in this State for at r z least three years prior to his election or appointment.The City Attorney shall r 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. yw (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 City Attorney's ROI@S and Clients misdemeanors as the City has the power x to prosecute,unless otherwise provided The City Attorney is an elected official and serves a by the City council. four-year term. The City Attorney is also recognized as (c)Represent and appear for the city in a Department Head. any or all actions or proceedings in which the City is concemed or is a party, and represent and appear for any City The City Attorney's principal role is to serve as legal officer or employee,or former City officer counsel and provide legal advice and representation to or employee,in any or all civil actions or proceedings in which such officer or her clients. The City Attorney's clients are the Mayor employee concerned or is a party for and City Council acting as a body, in addition to those any act arising out of his employment or by reason of his official capacity. persons or entities empowered by the City Council, the City Charter, or state law to act on the City's behalf—for (d)Attend all regular meetings of the example, the City Administrator and City staff. 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 The Mayor and City Council represent the residents of officers of the City. Huntington Beach. Therefore, when the City Attorney's Office advises and represents the Mayor and City (e)Approve the form of all contracts Council, the residents benefit directly and indirectly from made by and all bonds and insurance given to the City,endorsing his approval that advice and representation. thereon in writing. Frequently, members of the public contact the City (fl Prepare any and all proposed ordinances and City Council resolutions Attorney's Office requesting legal assistance or and amendments thereto. representation, believing they are entitled to such legal services as residents of the city. But, as discussed o Devote such time the duties of his office and at such place as may be above, the City Charter specifies the City Attorney's specified by the City Council. clients, and thus prohibits the City Attorney from advising and representing all others, including city (h)Perform such legal functions and duties incident to the execution of the residents. However, the City Attorney staff welcomes foregoing powers as may be necessary. inquiries from citizens regarding City laws and legal (i)Surrender to his successor all books, problems. papers,files,and documents pertaining to the City's affairs. 2 -_ Item 7. - Page 6 -112- I i Structured to Meet Huntington Beach's Goals The residents of Huntington Beach are represented by a seven member, part- time City Council. The City Council establishes policies and priorities for the provision of effective and efficient municipal services. The City Council is the city's legislative authority and sets the policies under which the city operates. The City Council has established five strategic goals that provide the framework for carrying out its vision for the City: • Maintain our financial reserves • Maintain, improve and obtain funding for public improvements • Maintain public safety • Enhance economic development • Improve internal and external communication These strategic goals direct the efforts and activities of the City's elected officials and Departments, they also direct the efforts of the City Attorney's Office in providing legal services associated with and arising out of those activities. These focus areas with our roles as legal counsel is discussed more fully in this report under the Administration, Advisory and Litigation headings. In accordance with the City's strategic goals, the City Attorney's Office is structured with three divisions: Administration— Litigation -Advisory. These divisions drive the organizational structure of the office. 3 3 -113- Item 7. - Page 7 I ADMINISTRATION DIVISION M°= The administration and support functions are performed under the supervision of the City Attorney. These functions include: • Budget • Personnel • Clerical • Financial • Technology • Training and Development ---- & Records Management Support These functions also include 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. The 2009 Administration Team—consisted 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. City Attorney's Budget The City Attorney's Office adopted budget for fiscal year - 2008-2009 was $2,972,760 for operations and non-risk 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. During the 2009 fiscal year, two staff members left the employment with the City Attorney's Office. One of which was the Senior Deputy City Attorney who was responsible for redevelopment matters. Because of the economic down turn, this position was not filled and her duties were reassigned to another Deputy City Attorney. In addition, a Deputy City Attorney Position was left vacant in 2008. 4 Item 7. - Page 8 -114- 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 1825 (Sexual Harassment)Training. • Summer Externship Program designed to educate and mentor first and second year law students in the City Attorney's Office. In the course of the summer, each extern spends one week with six separate attorneys in the office, each who work in different areas of law. • Monthly and quarterly reports to City departments and City Council. • Maintaining complete electronic files on every case and matter in the office's document management software. �I 1l�lii ADVISORY DIVISION OVERVIEW The Advisory Division is supervised by Assistant City Attorney Paul D'Alessandro, and for 2009, comprised of Sr. Deputy City Attorney'Leonie Mulvihill; Deputy City Attorneys Michael Vigliotta and Dan Ohl; and d„ I 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 work on 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; teach training seminars on various municipal law topics; and informing the City Council and City staff of the changes in the law that directly impact the City. 5 -115- Item 7. - Page 9 Requests Completed by Department 140 120 100 80 60 40 20 E - 0--u- 02007 . . _ 02008 E w c a 2009 O v O c v e7i m o 3 v = w In calendar year 2009, the Advisory Division received 563 requests for legal assistance and completed 561 requests. 200g 100 f Received 566 638 629 618 Closed 564 687 626 520 ' `" , . ,-Re uests Cori leted b 1Vlatter T ,` es. `z Public Criminal Labor Agreement Advice Documents Records& Resolutions Prosecutions Negotiations, Memos& & Citizen & Projects Pitchess& Grievances& Opinions Contracts Inquiry Hearings Ordinances Investigations Requests 2009 79 275 7 48 99 3.6. 20 20Q8 99 336 29 64; 93 42: ' 2007 94 285 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: • CIM — Strand • Measure T— Central Park Senior Center • T-Mobile Cellular Tower License • Campaign Contribution Reform — Huntington Beach Municipal Code 2.07 • CUP/CDP for Religious Assembly • Surf City Savings Program • Central Park Pump Station Bid Protest • Main Street Library Triangle Park Parcel • Mobile Cell Tower Construction in Parks 6 Item 7. - Page 10 -116- • Huntington Shorecliffs Conversion • Oil Pipeline Franchises - Chevron Pipeline Company • Pacific City -- ;Senior Center OPA - Development Issues • Review Downtown Specific Plan No. 5 • Brethren Christian CUP Revocation z k n a _— E. HIGHLIGHTS Significant projects for the Advisory Division include: - 1. Reviewed and advised staff regarding the Public Utility Commisson ruling related to utility undergrounding at Newland. 2. Advised staff on liability issues related to use of Joint Powers facility basement as backup data center. 3. Reviewed and advised staff regarding Measure C— Charter§ 612 issues related to Wardlow School Site. 4. Negotiated lease agreement with Huntington Harbour Yacht Club._ 5. Advised staff regarding use of Segways on public property. 6. Advised staff regarding the disclosure list of vendors attending Bidder's Conference. 7. Reviewed and approved Gothard Landfill Easement Purchase Agreement. 8. Reviewed and approved MD Helicopters indemnity clause. 9. Reviewed and approved Waste Disposal Agreement—County of Orange. 7 -117- Item 7. - Page 11 10. Prepared several deed of trusts and necessary documents to close escrow documents in accordance with the City's Affordable Housing Program. 11. Revised and prepared SCE—Site License Agreement. 12. Advised city staff and prepared-an agreement regarding Huntington Beach City's 457 Deferred Compensation Plan. 13. Responded to public records requests for information on Burlington Coat Factory/Bella Terra. 14. Prepared a Joint Use Agreement with Pegasus School for Arevalos Park. 15. Advised staff and prepared DDA t modifications for Pierside Pavillion. 16. Negotiated and draft license agreement for ATM services. 17. Negotiated and drafted agreement, MOU and documents to fund First Time Buyers' Down Payment Assistance Program. 18. Prepared water conservation ordinance with staff to comply with MWD requirements. 19. Prepared five legislative drafts and ordinances to the City's Local Coastal Program zoning amendments approved by the California Coastal Commission. 20. Prepared amended resolutions-for the Comprehensive Fee Study Update. 21. Updated the City's Newsrack Ordinance, Huntington Beach Municipal Code 12.37. 22. Advised staff regarding the Business License Tax Amnesty Program. 23. Negotiated with T-Mobile regarding tower constructions in parks. 24. Advised city staff regarding Central Park Pump Station bid protest. 25. Advised staff on liability issues related to HBFD provision of ambulance service to the City of Fountain Valley. 26. Advised staff regarding the acceptance of State IOUs. 27. Negotiated lease agreement for Search and Rescue Explorer Post at 18381 Gothard. 8 Item 7. - Page 12 -118- 28. Reviewed and revised concession agreements with Kite Connection and Surf City Snack Bar. 29. Prepared CDBG subgrantee agreements with Interval House, Colette's Children's Home, Project Self- Sufficiency, and CHB Senior Services. 30. Reviewed and prepared Surf City Savings pilot program agreement. 31. Prepared several Deeds of Trust for Cape Ann property owners. 32. -Revised and prepared a Non-Exclusive License Agreement for coffee vendor and Library. 33. Advised Administration regarding application of Charter Section 612 to the construction and operation of a pet spa at Dog Beach and Dog Park. 34. Prepared Joint Use Community Recreation Agreement with Huntington Beach School District. 35. Advised City staff on RLUIPA's "equal terms" provision as applied to the proposed Calvary Chapel Church. 36. Advised staff regarding a lease extension with the Waterfront Hotel. 37. Provided advice to department regarding regulating fishing on the pier as a matter of public safety. 38. Prepared Orange County Council of Governments (OCCOG) Joint Powers Agreement and council resolution. 39. Prepared land sale and acquisition agreement for Central Park encyclopedia lots. 40. Negotiated and revised Pay Phone West agreement for inmate telephone service. 41. Drafted ordinance to amend Transient Occupancy Tax appeals process. 42. Advised, drafted and prepared affordable housing agreements for Jamboree Housing Corporation. 9 -119- Item 7. - Page 13 43. Prepared ordinances or resolutions to amend or delete various boards, committees and commissions. 44. Reviewed and prepared documents regarding re-financing request by CIM. 45. Reviewed and advised staff - regarding the Sales Tax Sharing y.: Agreement between City & HBUHSD. 46. Investigation of potential violations of the Inclusionary Housing Policies and Procedures. � = , 47. Advised staff regarding the Time - - - Warner cable fiber placement in several areas of Huntington Beach. 48. Advised staff regarding the Palmer's decision affect of the City's Zoning and Subdivision Ordinance (ZSO). 49. Prepared Inclusionary housing program documents for Brisas del Mar. 50. Prepared loan agreement and promissory note with Auto Dealers Association at Bella Terra. 51. Advised staff regarding the feasibility of SCE (Edison) license agreement and MOU with Community Garden Association. 52. Advised staff concerning the establishment of rules and regulations for Central Park Equestrian Center. 53. Negotiations with auto dealers and Cal Trans regarding reader board compliance. 54. Prepared license agreement for the use of the City's logo. 55. Prepared site design professional services contract for skate park (Worthy). 56. Prepared agreement for new City telephone system. 57. Updated Huntington Beach Municipal Code 5.48 to reflect revised OCTAP regulations. 10 Item 7. - Page 14 -120- 58. Amended Chapter 244 of the Huntington Beach Zoning and Subdivision relating to the Design Review Board. 59. Amended Huntington Beach Code Chapter 17.56, relating to Fire Regulations: 60. Prepared City's reimbursement agreement with Poseidon Resources. 61. Amended Chapter 14.18 regarding the water conservation ordinance following MWD guidelines. 62. Prepared religious assembly ordinance amending Huntington Beach Zoning and Subdivision Chapter 211 regarding commercial districts. 63. Prepared a revocable license agreement with Southern California Gas Company. 64. Prepared contract for administration of the Housing Rehabilitation Loan Program. 65. Reviewed and approved various easement deeds. Major development projects often need extensive legal assistance and/or defense against legal challenges. 11 -121- Item 7. - Page 15 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 or a non-general fund source. 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 2009 was the sixth consecutive reliance on outside litigation attorneys. By ensuring that year that no risk cases were the Litigation Division attorneys have both the genuine referred to outside counsel, desire and the requisite experience to succeed in the saving the City thousands of litigation arena, the City has consistently experienced a dollars in outside attorney fees. record of successful resolution of litigation. Over the last eight years, the number of risk cases sent to outside counsel has steadily decreased. Number of cases retained by office vs. referred to outside counsel for past eight years (risk cases only) In-House Outside Year Pjik Cisis Risk Cases: Attorney Risk:Cases 2002 18 5 2003 19 2 2004 25 25 0 2005 18;::'­_­ is 0 2006 19 0 2007 'r"38: 18 0 2008 17 17 0 2009 .19 ~= 19 0 12 Item 7. - Page 16 -122- 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 hour's work by a Deputy City Attorney, clearly establish that work performed in-house saves hundreds to thousands of dollars on every litigated matter. With 48 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 :'',Aedevelopmenfi Tort Labor Counsel "$160'-'$26$ .t; $14;0.="$1`60;:,:< $235 42, 60: . - �, In-house Aedevel6pment/Tort/Lab6r. Counsel $9<1.00•(fully.burden rate)` By hiring only one additional in-house attorney since 2002 and keeping-most litigation and redevelopment matters in-house, there has been a 75% reduction in all outside counsel expenses in comparison to the 04/05 budget. City Attorney Budget for Professional Services cam•.-. � _,�...w,Sffi'. --_ -a:= "� � era "!'v.:; 0 � °U f� .. ;g /.09 :.:..,_ :a.,.h:?,.^��$^°.`'�';�:=:.P'.`s'-',i�;f„' ,.:Y,,.: a, k�.�". .,.rr., fia.rt ^`;q4 r.•Nr,:�#�a"ct"° '� 5'�' %»�i ���€. . 3�:�.�";��i�. Ado ted'~ `F`Actual r` Ailo 'ted`.::'`:"Actual:'; °:Ado:ted;:.. w.Actual`. Ado ted;: Actual` Ado ted," %Actual: P.ti.,..N.,.K .• P.:... P „P. P Professional 1;'165;48$ 281;937 ,: 4:17.141>> ;;-94699: 30Q000' -y•:134;328= ,75QOD; ;;156409 175,000'�-"171";421" Services edevelopment 500,000:" ?7,879 `` 250 000-_ 40 940 ',• 15Q000' 87;597" 150=000 ;97;75.1 150,000" 105I" I,767; rof.Services s CLAIMS REVIEW PROCESS In 2007, the City Attorney's 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 Counsel's 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 -123- Item 7. - Page 17 More importantly, of the 15 damage suits closed during the • 2009 fiscal year, 8 were resolved without the payment of any money (i.e., 53%). While the members of the Litigation Division have enjoyed success in handling their cases, this number is a point of • 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 a;; As indicated above, the Litigation Division ^ # had significant success in handling its Y 9 9 cases this year, resolving 53/° of damage cases without payment of money. This is a result of litigation attorneys aggressively pursuing all available, meritorious causes of action or defenses, aggressively _ pursuing 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 2009 with no monies paid to plaintiffs include the following: 1. Car accident at Rancho and Spa. Incident occurred in Westminster, not Huntington Beach. 2. Complaint alleged misplaced signs on Adams Avenue resulted in a traffic collision. 3. Insurance company sought reimbursement for damage caused by the construction of a storm drain near the insured property. 14 Item 7. - Page 18 -124- 4. Plaintiffs alleged they sustained damage to their property as a result of street excavation for the placement of Bushard sewer line. 5. Complaint alleged City's "Wireless Permit Ordinance" requirements were unlawful and prohibited Plaintiffs from providing telecommunications services to its customers. 6. Bicyclist was struck by a vehicle executing a __ right turn in a construction area. 7. Claim for wrongful death and personal injuries arising out of an auto accident. 8. Plaintiff, a Driftwood relocatee to Ocean View Estates, disputed Agency's decision to condition any transfer of the lease on an increase of rent to the market rate. Some of the more significant cases resolved in 2009 where monies were paid include the following: 1. Vehicle accident involving City employee at intersection of Brookhurst and Garfield. 2. Automobile accident involving City police vehicle. 3. A City driver rear-ended the plaintiffs vehicle. 4. Claim for Civil Rights violations (false arrest and excessive force) arising from Plaintiffs arrest. 5. Claim for wrongful death and civil rights violations arising out of the 8/25/06 incident. 6. Plaintiff slipped and fell near 8th Street and Olive Avenue. 7. Plaintiff alleged the area in which she fell was dangerous, within the meaning of the Government Code. 15 -125- Item 7. - Page 19 Community Outreach Activities City Attorney Jennifer McGrath is an active member in the Huntington Beach Kiwanis Club and Soroptomists Club of Huntington Beach. Assistant City Attorney Scott Field is a volunteer 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 as a judge for the UC Irvine Mock Trial Tournament. This tournament involved 26 college mock trial teams from around the U.S. He also judged the Western Regional Collegiate Moot Court Tournament at Long Beach State. - Also, as in years past, Mr. Moore coaches 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 John Fujii volunteers every week through the Rodgers Seniors' Center in its Senior Visitor Program. Legal Assistant Chris Leonhard was active with the 3/1 Marine Foundation and Team HB United — Relay for Life. Both of which she helped raise hundreds of dollars. Legal Assistant Joan Naideth is a member of OC Volunteers and has worked packaging food for OC Food Bank throughout the year. She volunteers at the Baron's Ball and Relay for Life for American Cancer Society. Ms. Naideth supports South Coast Repertory Theater as a volunteer usher for 10 years. RELAY FOR LIFE a i HUNTIlO HDCNtN6� 16 Item 7. - Page 20 -126- S� OFFICE OF THE CITY ATTORNEY 2009 ORGANIZATION CHART �;Tennif�e1�r�,�McGratli<�' 'F�`A"3-'�h-.'Y;' � ":�:f'd¢, ,:vz�;• � ,W.,,�r"°,rtrn1'.`. „o,.. iawa '.. y�y.tq� �".m'r,}?rc�e.w.4;:.�.e.c{><a ��`Assistaiit.G Aiiei"'e �Ass,�stanf�.Ci EAiYome �",A`dmii5istiativeAs"sstant�- S ceMaiia'��'�- vlr.'w.. `=�:£;S?'-��+'•"-- �;��;;�,.� .ari; �.a:w.,.;..s�.�.„ .. _,�_a,.�b`� - fa��a' . 'a,.y��k ss- r `"k- skw..-- .i.:v .z:. �> �s..,..�:-... »+-aaw•�,; r aa' d` ..���; � � °Scot�FieldF, `�=�P'ai►I:D,Alessandro�;' �;>-,='�,Anrta=Balk Ioan�Gn ere,��,�.__; u Gt 1�#ftomeSz u Ci4ttome '"' fisststantr "s� �; ,� {tom.:. �.. �.: �x... �:, �• a �n �"��LeotueIVl�uluttiitl:=':- f;°Advis %L�'-`atioa:, 't y ``Deputy�Grty,Attomey`Y �," ?�.�T.eg�l Assistant ,A, �,� Jol�'FuJi�-� �. ��Mtchael V�ghotta� ��ldvusoc�� s ,::;�iiivestigalor'- ;��u,� max;Deputy�Cityu�At[oineY; ,..i �Legai='�'"i_tan �;:.�. 17 -127- Item 7. - Page 21 2009 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). 18 Item 7. - Page 22 -128- Professional Affiliations Mr. Field is admitted to practice law in California, and before the United States 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 2002, the people of Huntington Beach elected Jennifer McGrath as their City Attorney. 19 -129- Item 7. - Page 23 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. Education 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 20 Item 7. - Page 24 -130- 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 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. 21 -131- Item 7. - Page 25 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. 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. 22 Item 7. - Page 26 -132- 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). 23 -133- Item 7. - Page 27