HomeMy WebLinkAbout2010 City Attorney Quarterly Reports 014
Council/Agency Meeting Held:_fl
Deferred/Continued to:
NA Appr ve ❑ Conditionally Approved ❑ Denied i Cie s Sign re
v
Council Meeting Date: November 15, 2010 Department ID Number: CA10-014
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 Attorneys Quarterly Report
Statement of Issue: Receive and file the City Attorney's Quarterly Report for July 1, 2010,
through September 30, 2010.
Financial Impact: Not Applicable.
Recommended Action: Motion to:
Receive and file the City Attorney's Quarterly Report for July 1, 2010, through September 30,
2010.
Alternative Action(s): Not Applicable.
H -27- Item 2. - 1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 11/15/2010 DEPARTMENT ID NUMBER: CA10-014
Analysis: Not Applicable.
Environmental Status: Not Applicable.
Strategic Plan Goal: Improve Internal and External Communication.
Attachment(s):
No ® o
1. City Attorney's Quarterly Report for July 30, 2010, through September
30, 2010
Item 2. - 2 HB -28-
ATTACHMENT # 1
Hs -29- Item 2. - 3
City Attorney's Quarterly Report
This report reflects the activities of the City Attorney's Office for July 1, 2010 through
September 30, 2010.
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 projects for the Administration Division include:
• Provided city-wide training entitled: "Ethics AB 1234."
• Prepared and arranged 43 Civil Citation Hearings for City's hearing
officer.
Advisory Division
The Advisory Division, comprised of three attorneys, 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 128 requests for legal assistance and completed 131
requests. There are 72 outstanding requests for legal assistance as of September 30,
2010.
Additionally, staff made 38 appearances in West Municipal Court on various Municipal
Code violation cases and provided on-going advice related to the following:
Municipal Water District of Orange County Youth Sports Team Rosters
Communication Utility User Tax Strand Parking Pass Subsidy
Friends of Junior Lifeguards Document Imaging Records Retention
Emergency Services Mitigation Fee Emergency Medical Team (EMT) Program
Seawater Desalination Project T-Mobile - Clearwire Lease
HIPAA Issues Sunset Beach Annexation
Affordable Housing Violations Utility User Tax Ballot Measure
Meadowlark Golf Course
07-1059/50312
Item 2. - 4 HB -30-
k
REQUESTS COMPLETED BY MATTER TYPE (July-September 2010)
Public Labor
Advice Records& Criminal Agreement
Total Memos& Documents Citizen Pitchess& Resolutions Ordinances Projects Negotiations,
Opinions &Contracts Inquiry Hearings Grievances&
Requests Ines' ations
131 15 55 2 12 32 5 10
x€rnis;itra<io� 9 0 4 0 0 4 1 0
_iG �t{ory v 6 1 2 1 1 0 1 0
Cilev cAeilk 0 0 0 0 0 0 0 0
E g g ra ask,V�, 2 1 0 0 1 0 0
ors-mu av wri,f 6 3 3 0 0 0 0 0
I Cw D �,����rnent, 35 2 18 1 0 3 3 8
n .._w., u. 6 0 3 0 0 3 0 0
xas 10 3 2 0 1 4 0 0
3ntiormation Services 3 1 2 0 0 0 0 0
0 0 0 0 0 0 0 0
15 0 3 11 1 0 0 0
16 1 5 0 9 1 0 0
I „b,i i t wq 4s 23 4 12 0 0 5 1 1
Significant projects for the Advisory Division include:
1. Negotiated and approved the sale of City property water tank location.
2. Prepared resolutions for both General Plan Amendments and Zoning Text
Amendments for The Village of Bella Terra— Costco.
3. Advised staff regarding annual public parking pass subsidy.
4. Evaluated and advised staff on Fire Department's cost recovery programs.
5. Reviewed and approved Municipal Water District of O.C. Operational
Agreement with client agencies.
6. Advised staff regarding the Emergency Medical Team (EMT) Program.
7. Prepared tax measure impartial analysis regarding Utility User Tax to
Administration.
8. Advised staff regarding radio service/repair work performed by vendor.
9. Reviewed and prepared Disposition and Development Agreement for Habitat
for humanity.
07-1059{50312 -
HB -31- Item 2. - 5
10.Reviewed the Local Coastal Act and advised staff regarding equal access to
City beach.
11. Prepared ordinances for the 2010 uniform Code Updates.
12. Prepared the new ordinance for the Huntington Beach Municipal Code
Chapter 17.06 "Green Building Code."
13. Prepared analysis for the Election Telecommunications and Video Utility Tax
increase Ballot Measure.
14. Prepared several resolutions regarding Sunset Beach Annexation for
General Plan Amendments, Sunset Beach Specific Plan and certification of
Huntington Beach Local Coastal Plan by the Coastal Commission.
Litigation Division
The Litigation Division, comprised of four attorneys, 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 handled 45 active cases during the third quarter. The City was
served with ten (10) new cases this quarter. The charts below identify the types of cases
and the potential liability exposure of these cases.
Active Litigation Cases
Miscellaneous
Redevelopment
9% Construction
9% 11%
Land Use
24%
Debt Recovery
Government Employment 5%
4% 7%
Miscellaneous includes: Automobile,Breach of Contract,Criminal Prosecution&Nuisance
07-1 059/50312
Item 2. 0 6 HB -32-
POTENTIAL LIABILITY OF PENDING CASES
O Reserves under$50,000 ■Reserves over$50,000
7
6
5
4
3
2
1
0
�op�e oc`�a� Q.ao�y Jc'�`°o `J�`°o a�`°o `oJe� a�dl- cad"
PJSo r°I ���\ �,o0i �QtOP J�cc
�coQ�o
0ieac.
O
The Litigation Division settled the following cases with no monies paid to the
plaintiffs:
1. Action for false arrest, defamation, and related claims arising from
Plaintiffs arrest for auto theft.
2. Trip and fall at Huntington Central Park.
The Litigation Division recovered monies on behalf of the City from the following
case:
Claim for recovery of worker's compensation benefits paid to Fire Captain Keith
Bateman who was rear-ended while on City business, traveling in his private
vehicle.
The Litigation Division also settled the following matters:
Minor was riding his waveboard when it struck a crack in the pavement causing
him injuries.
07-1059/50312
HB -33- Item 2. - 7
tyk CA
Council/Agency Meeting Held_ (�
Deferred/Continued to
p roved Q.Qonditionall rov d ❑ Denied Gi\\y de Si n s ature
Council Meeting Date August 16 2010 -T Departmt�"umber C enA10-013
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 Quarterly Report for April 1 2010
through June 30 2010
Statement of Issue Receive and file the City Attorneys Quarterly Report for April 1, 2010
through June 30 2010
Financial Impact Not Applicable
Recommended Action Motion to
Receive and file the City Attorney's Quarterly Report for April 1 2010 through June 30 2010
Alternative Action(s)
-1 S- Item 3 - Page 1
REQUEST FOR COUNCIL ACTION
MEETING DATE 8/16/2010 DEPARTMENT ID NUMBER CA10-013
Analysis Not Applicable
Environmental Status Not Applicable
Strategic Plan Goal Improve Internal and External Communication
Attachment(s)
o
1 City Attorney s Quarterly Report for April 1 2010 through June 30
2010
Item 3 - Page 2 -16-
ATTACHMENT # 1 ---1]
City Attorney's Quarterly Report
This report reflects the activities of the City Attorneys Office for March 31 2010 through
June 30 2010
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 projects for the Administration Division include
® Provided city-wide training entitled Public Works Construction
Contracts Brown Act Roundtable and Now You ve Been Sued — non-
police
• Implemented Summer Externship Program designed to educate and
mentor first and second year law students in the City Attorney s Office
• Prepared and arranged 18 Civil Citation Hearings for City s hearing
officer
Advisory Division
The Advisory Division comprised of three attorneys 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 114 requests for legal assistance and completed 181
requests There are 71 outstanding requests for legal assistance as of June 30 2010
item 3 Page 4 110112 _18m
Additionally staff made 25 appearances in West Municipal Court on various
Municipal Code violation cases and provided on-going advice related to the
following
• Measure C and solar panels at library
• Implementation of Public Resources Code
• CEQA analysis regarding Measure C vote
• Annexation of Sunset Beach tax and other related issues
• Shorecliffs code requirements and conditions
• Angus Petroleum site
REQUESTS COMPLETED BY MATTER TYPE (April -June 2010)
Public Labor
Advice Documents Records& Criminal Resolutions 8 Agreement
Total Memos& Ordinances Citizen Pitchess& Projects Negotiations
Opinions &Contracts Inquiry Hearings Grievances&
Requests I Investigations
Total 181 32 80 1 9 36 21 2
Administration 9 2 4 0 0 2 1 0
Building&Safety 0 0 0 0 0 0 0 0
City Attorney 18 2 9 1 0 2 4 0
City Clerk 3 1 0 0 0 2 0 0
City Treasurer 8 4 1 0 0 1 1 1
Community Services 15 4 9 0 0 2 0 0
Econ Development 34 5 23 0 0 5 1 0
Finance 10 3 4 0 0 3 0 0
Fire 12 0 7 0 0 3 2 0
Human Resources 12 0 0 0 0 2 9 1
Information Services 0 0 0 0 0 0 0 0
Library 1 0 1 0 0 0 0 0
Planning 18 4 6 0 0 7 1 0
Police 20 1 8 0 9 1 0 0
Public Works 21 6 7 0 0 6 2 0
Significant projects for the Advisory Division include
1 Reviewed and advised regarding revenue sharing agreement with HBUHSD
for former Home Depot site
2 Advised staff regarding the legality of posting names of delinquent accounts
07 1059/50312 -19- Item 3 = Page 5
3 Advised staff regarding whether commercial landlords are subject to business
license requirement
4 Reviewed and interpreted the Oakview Substation lease
5 Advised staff regarding the implementation of Public Resources Code §
21151(c)
6 Reviewed SB120 and advised staff regarding foreign language requirements
for water shut off notices
7 Advised staff regarding public use of HBUSD school
8 Prepared agreement for All City Management Services - Crossing Guard
Program
9 Prepared second revision to Makallon Atlanta - Subdivision Agreement for
Tract 16338
10 Reviewed and prepared third amendment to lease for Duke's Restaurant and
assignment of lease interest to Surf City TSP LLC
11 Reviewed and prepared the Hurley lifeguard tower sponsorship agreement
12 Prepared eviction notices to two residents at Ocean View Estates
Mobilehome Park
Litigation Division
The Litigation Division comprised of four attorneys 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 handled 38 active cases during the first quarter The City was
served with four (4) new cases this quarter The charts below identify the types of cases
and the potential liability exposure of these cases
Item 3 - Page 6"0"' -20-
Active Litigation Cases
Miscellaneous
11%
Construction
Redevelopments — 11%
8%
lr'
Debt Recovery
5
POTENTIAL LIABILITY OF PENDING CASES
Reserves under$50 000 M Reserves over$50 000
7
6
S ' ^�
3
e.
A"ems
�oec �aca eJe�o
cea` `tea eio � lea
The Litigation Division settled two cases to enforce the Affordability Housing
Covenant The current owners and lenders settled and agreed to comply with
the covenant
The Litigation Division also settled the following matters
1 City's vehicle involved in vehicle accident with insurance company's insurer
Insurance company sought reimbursement
07 1059/50312 -21. Item 3 - Page 7
2 Plaintiff was rollerblading when her skate got lodged in a pothole in the
alley and caused her to fall
3 Plaintiff stepped in a puddle of water in the gutter and slipped and fell
4 Beachgoer struck by ATV driven by city employee
5 City defended Huntington Beach Conference Center for allegations of
violations of the Public Records Act and the Brown Act
6 Automobile accident involved a police vehicle
Item 3 e Page 8110112 -22-
Council/Agency Meeting Held:- 6 110
Deferred/Continued to:
!.Aff roved ❑ Conditionally Approved ❑ Denied City erk ignatu e
Council Meeting Date: July 6, 2010 Department ID Number: CA10-011
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 the City Attorney's Quarterly Report of activity for
January 1, 2010 through March 31, 2010
Statement of Issue: Receive and file the City Attorney's Quarterly Report for January 1,
2010 through March 31, 2010.
Financial Impact: Not Applicable
Recommended Action: Motion to:
Receive and file the City Attorney's Quarterly Report for January 1, 2010 through March 31,
2010.
Alternative Action(s): Do not receive and file the City Attorney's Quarterly Report.
-99- Item 6.,- Page 1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 7/6/2010 DEPARTMENT ID NUMBER: CA10-011
Analysis: Not Applicable
Environmental Status: Not Applicable
Strategic Plan Goal: Improve Internal and External Communication
Attachment(s):
No. Description
1. City Attorney's Quarterly Report for January 1, 2010 through March 31,
2010
Item 6. - Page 2 -100-
ATTACHMENT # 1
City Attorney's Quarterly Report
This report reflects the activities of the City Attorney's Office for January 1, 2010 through
March 31, 2010.
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 projects for the Administration Division include:
• Provided city-wide training entitled "Ethics AB 1234."
• Prepared proposals to various law schools for "Summer Externship
Program" interviews.
• Prepared and arranged 19 Civil Citation Hearings for City's hearing
officer.
Advisory Division -
The Advisory Division, comprised of two 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 140 requests for legal assistance and completed 139
requests. There are 72 outstanding requests for legal assistance as of March 31, 2010.
Additionally, staff provided assistance made 14 appearances in West Municipal
Court on various Municipal Code violation cases and provided on-going advice
related to the following:
• Huntington Shorecliffs Conversion
• Pacific City - Development Issues
• Huntington Beach Equestrian Center
• Oil Pipeline Franchises - Chevron Pipeline Company
• Pacific City -- Senior Center OPA - Development Issues
07-1059/48036
Item 6. - Page 4 -102-
• Review Downtown Specific Plan No. 5
• First Time Homebuyers Down Payment Assistance Program
• Brethren Christian CUP Revocation
REQUESTS COMPLETED BY MATTER TYPE (January- March 2010)
Public. abor Agreement
Advice ;Records& Criminal Negotiations;.:
Documents Resolutions:
Total Memos& Cdizen , : Pitchess& Projects Grievances& ..
&Contracts Ordiriances-
O mions. : In ul p q ry Hearings Investigations
sts :-_::
Total 139 21 70 7 30" 6 4,
`Administration 6 0 2 0 "' 0 4 0 0
Bwldin 0 0 0 0 , 0 0. 0 0
aCi Attome 70 5 1 0 >1 0 0
2 ..:K•.�0....n : O 0: 0 0
0
Ci T easurer_ ki 4 2 1 0 0 1 0. 0
Commune ,Services 10 6.. .,< 3 0 ;� 00 0
Econ Develo me t _ 355 24 0 0 3 1 2
Finance 8t3.. 2 x0 0 1 2 0
Fir"e 9 0 8 0. 0 1 0 0
Human:Resources ~: 6 0 , 1 ;0- 0 3, 1 F.H:
KKlnformation Services. 2 0 2 0 0 0;,. .=` 0
b4CTA
,.
Plannm 11 2z 4 0. 0 5. 0 0
17 ti., 0 ..*: 8 7 1 1 0
PublicWorks. .° 22 3, 10 0.: 0 8 1 0
Significant projects for the Advisory Division include:
1. Prepared "Request for Proposals" for panel counsel for legal services
2. Advised staff regarding the Main Promenade Parking Structure
3. Reviewed and approved conveyance of cell site leases at fire stations.
4. Reviewed and approved Big O tires Sublease.
5. Reviewed and advised staff regarding the Huntington Beach Equestrian
Center Lease.
6. Reviewed the Processing Procedure for the Affordable Housing Rehabilitation
program.
07-1059/48OW 2
-103- Item 6. - Page 5
7. Review and advised staff with T-Mobile facility license and upgrades outside
license area.
8. Reviewed and revised staff regarding the loan documents for the Affordable
Housing Loan Program.
9. Reviewed invoices from Grace Building Maintenance and advised payment
options.
10. Reviewed and advised staff on City's policy for collecting Oil Tax.
11. Advised staff regarding permitted uses of In-Lieu Parking Fees.
12. Reviewed and approved Ascon Landfill Reimbursement Agreement.
13. Reviewed and approved parking fee in-lieu payment agreement with BJ's and
Coach's.
14. Prepared and finalized an agreement regarding plan review and inspection
services to Brightwater.
15. Revised and prepared standard agreements to include mandatory FEMA
language.
16. Prepared Requests for Proposals for Hearing Officer in connection with civil
citation appeals.
17. Reviewed and prepared the necessary loan documents to protect the City's
interest in a foreclosed affordable housing unit.
18. Prepared fiscal year 2008-09 Audit Letter.
19. Reviewed and modified the Firefighters Procedural Bill of Rights (FPBOR)
Rule 20.
07-1059/48036 3
Item 6. - Page 6 -104-
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 handled 41 active cases during the first quarter. The City was
served with five (5) new cases this quarter. The charts below identify the types of cases
and the-potential liability exposure of these cases.
Active Litigation Cases
Miscellaneous Civil Rights
Redevelopment 8% I 10%
11% >y V+ Construction
x' y 11%
=att
Government Emp oymen Debt Recovery
5% 8°l 8%
POTENTIAL LIABILITY OF PENDING CASES
0 Reserves under$S0,000 0 Reserves over$50,000
_......._-------.._......._....----'--.... _......_._.._.....-'-' ..._...._.__...__..__._._._—.._.._..._..__............... _----------'--
7 -i
_.-..........._...___............._...._._._...................._.._.--._._._._._._._-..... --------......-_..._........_.---------------......_.
--.._..- ----
--'---......._................__...._.'----
7
f.
2a�r t, o''
0t `4
07-1059/48036 4
-105- Item 6. - Page 7
,
Council/Agency Meeting Held: o�d10
Deferred/Continued to:
*Ar)nrove.d ❑ Conditionally Approved ❑ Denied i CI k's S ature
Council Meeting Date: 4/5/2010 Departm t ID Number: CA 10-02
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: MAYOR AND COUNC MEMBERS
SUBMITTED BY: JENNIFER McGRA ty Attorney
PREPARED BY: JENNIFER McGRAT ty Attorney
SUBJECT: Receive and File City Attorney's Quarterly 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 Quarterly Report for October 1,
2009 through December 31, 2009.
Funding Source: Not Applicable
Recommended Action: Receive and file the City Attorney's Quarterly Report for October 1,
2009 through December 31, 2009.
Alternative Action(s): Do not receive and file the City Attorney's Quarterly Report.
Analysis: Not Applicable
Strategic Plan Goal: Improve internal and external communication
Environmental Status: Not Applicable
Attachment(s):
rWs
Page Niunil�er
1. City Attorney's Quarterly Report for October 1, 2009 through
December 31, 2009
ATTACHMENT # 1
City Attorney's Quarterly Report
This report reflects the activities of the City Attorney's Office for October 1, 2009 through
December 31, 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:
1. Development Projects 1 Conditions of Approval (City-Wide Training)
2. You have been Sued! (Police Department)
Advisory Division
The Advisory Division, comprised of two 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 153 requests for legal assistance and completed 174
requests. There are 86 outstanding requests for legal assistance as of December 31,
2009.
Additionally, staff provided assistance with labor negotiations; reviewed and prepared 72
documents and contracts; drafted 24 ordinances and resolutions; made 13 appearances
on criminal matters; and provided on-going advice related to the following:
• Huntington Shorecliffs Conversion
• Pacific City - Development Issues
• Oil Pipeline Franchises - Chevron Pipeline Company
• Pacific City -- Senior Center OPA - Development Issues
• Review Downtown Specific Plan No. 5
• First Time Homebuyers Down Payment Assistance Program
® Brethren Christian CUP Revocation
07-1059 J 39823 1
COMPLETED REQUEST FOR LEGAL SERVICES AS OF October-December 2009
Public
Advice Records&w Criminal:
Documents Resolutlori&'
Memo& a Citizen Pxtchess& Projects Total
Contracts
Opinion Inquiry Hearings, Ordinance
&°
Re uests
Administration 2 4 0 0 0 0 6
Building &Safe ',. . 0 0 j .0:., 1 0 sp 1..
City Attorney 0 4 0 2 4 2 12
City Clerk 0 0 0 0 1 0 1
City Treasurer 1 2 0 0 1 0 4
CommunityServices 3r,- - 5, 3 ,.._ 0 1. -�
Econ. Development 6 20 0 0 1 9 36
Finance 4 'S 2 �� V E 0 r
Fire 0 6 0 0 3 0 9
Human Resources4 0.. 0. , 15
2 .
Information Services 0 5 0 0 1 0 6
,:X.
Plannin 3.: .. .. 2.. W, 0 6 4 15
Police 1 8 0 14 4 2 29
Public Works 6,,. 8 r 0 0. 5 1 20
28 71u 1 1 T 3? 20 1,74
Significant projects for the Advisory Division include:
1. Reviewed and advised staff regarding the Sales Tax Sharing Agreement
between City & HBUHSD.
2. Investigation of potential violations of the Inclusionary Housing Policies and
Procedures.
1 Advised staff regarding the Time Warner cable fiber placement in several
areas of Huntington Beach,
4. Advised staff regarding the Business License Tax Amnesty Program.
5. Advised staff regarding the Palmer's decision affect of the City's Zoning and
Subdivision Ordinance (ZSO).
6. Prepared Inclusionary housing program documents for Brisas del Mar.
7. Provided advice to staff regarding processing fees for bad checks..
8. Provided advice to City regarding designation of reserved parking areas in
City owned parking lots.
07-1059 J 39823 2
9. Advised staff concerning a complaint about an inoperable vehicle on private
property.
10. Prepared loan agreement and promissory note with Auto Dealers
Association at Bella Terra.
11. Advised staff regarding the feasibility of SCE (Edison) license agreement
and MOU with Community Garden Association.
12. Advised staff regarding a dispute of renewal of business license fee.
13. Update standard terms and conditions for the City's purchase order form.
14. Advised staff concerning the establishment of rules and regulations for
Central Park Equestrian Center.
15. Negotiations with auto dealers and Cal Trans regarding reader board
compliance.
16. Prepared license agreement for the use of the City's logo.
17. Prepared site design professional services contract for skate park (Worthy).
18. Prepared agreement for new City telephone system.
19. Revised leisure class instructor agreements.
20. Updated HBMC 5.48 to reflect revised OCTAP regulations.
21. Amended Chapter 244 of the Huntington Beach Zoning and Subdivision
relating to the Design Review Board.
22. Amended HB Fire Code, Chapter 17.56.
23. Prepared City's reimbursement agreement with Poseidon Resources.
24, Amended Chapter 14.18 regarding the water conservation ordinance
following MWD guidelines.
25. Prepared religious assembly ordinance amending HBZSO Chapter 211
regarding commercial districts.
26. Prosecuted eight (8) criminal matters.
27. Prepared a revocable license agreement with Southern California Gas
Company.
28. Represented four (4) civil hearing matters.
07-1059/39823 3
29. Prepared contract for administration of the Housing Rehabilitation Loan
Program.
30. Appearances on eight (8) court arraignments.
31. Prepared agreement regarding the First Time Homebuyers Down Payment
Assistance Program,
32. Reviewed and approved various easement deeds.
33. In coordination with Human Resources, prepared side letters and
ordinances regarding the 2009 holiday closure with the various labor
associations.
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 42 active cases as December 31, 2009. The
City was served with eight (8) new cases this quarter. In addition, four (4) cases were
initiated by the City to enforce the Affordability Housing Covenant. The charts below
identify the types of cases and the potential liability exposure of these cases.
Active Litigation Cases
MiscellaneoUs� Automobile
Rights Civil
E Redevelopment
5f 7io 7`l
12/o
"WIN,
'01
� & h
4�M ?
.1_
Vaud t1 T
s
I,
rnploymenC Debt rCecovery
7% 7%
07-1059/39823 4
POTENTIAL LIABILITY OF PENDING CASES
Reserves under $50,000 Reserves over $50,000
8 - _
n
i
5
...
.......
.........._...._.-------
.....__...._
--- -_-__ _
LIti, _._..._._..-..........,
__._.-.__._.__..
....._..-.. ... ............ _
.......-...._..... .._....
<3 ¢� 0IR
c, a to p m
g
I
The Litigation Division settled the following case with no monies paid to the
plaintiffs:
Plaintiffs challenging the City's removal of two king palms planted in the
parkway in front of plaintiffs' property.
The Litigation Division recovered monies on behalf of the City from the following
cases:
1. Recovered $189,688 in damages on behalf of the Water Department that
bought allegedly substandard copper piping.
2. Recovered $14,813 for property damages from the responsible party due
to a traffic collision involving a City vehicle.
3. Recovered $7,500 for overpayment of retirement benefits.
The Litigation Division also settled the following matters:
1. Beachgoer struck by ATV driven by city employee.
2. Civil Rights violations (false arrest and excessive force) arising from
Plaintiff's arrest.
3. A City driver rear-ended the plaintiff's vehicle.
07-1059 J 39823 5
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney's Office
SUBJECT: Receive and File City Attorney's Quarterly Report
COUNCIL MEETING DATE: April 5, 2010
RCA ATTACHMENTS STATUS=
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Ap licable
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 ❑
(Approved as to form by City Attorne ) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Ap licable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Ap licable
Bonds (If applicable) Attach
ed
Applicable
Staff Report (If applicable) Attached t A icable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPL NATA OH FOR.MUMG ATTACH ENTS
REVIEWED REVUI NED I FORWARDED
Administrative Staff
Deputy City Administrator Initial ` 1
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF,ITEM:
(Be/ow Space For CityClerk'&US;e e
RCA Author: JM/JG
Council/Agency Meeting Held: U
Deferred/Continued to:
l .A pr ved Conditi all Apr ved ❑ Denied ( Cityr Jerk' ignature
Council Meeting Date: 2/1/2010 Department ID Number: CA 10-01
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:' MAYOR AND COU MEMBERS
SUBMITTED BY: JENNIFER McGRA ity Attorney
PREPARED BY: JENNIFER McGR C ty Attorney
SUBJECT: Receive and File City Attorney's Quarterly Report
S tatement 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 July 1, 2009
through September 30, 2009.
Funding Source: Not Applicable
Recommended Action: Receive and file the City Attorney's Quarterly Report for July 1,
2009 through.September 30, 2009.
Alternative Action(s): Do not receive and file the City Attorney's Quarterly Report.
Analysis: Not Applicable
Strategic Plan Goal: Improve internal and external communication
Environmental Status: Not Applicable
Attachment(s):
Page Number • Description
1. City Attorney's Quarterly Report for July 1, 2009 through September
30, 2009
ATTACHMENT # 1
City Attorney's Quarterly Report
This report reflects the activities of the City Attorney's Office for July 1, 2009 through
September 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 144 requests for legal assistance and completed 142 requests.
There are 107 outstanding requests for legal assistance as of September 30, 2009.
Additionally, staff provided assistance with labor negotiations; reviewed and prepared 72
documents and contracts; drafted 24 ordinances and resolutions; made 13 appearances on
criminal matters; and provided on-going advice related to the following:
• Supplemental Retirement Benefit
• CUP/CDF for Religious Assembly
• HBFD Ambulance Service to Fountain Valley
• Surf City Savings Program
• Hotel Huntington Beach TOT
• Business License Tax Amnesty Program
• Acceptance of State IOUs
• Central Park Pump Station Bid Protest
• Main Street Library Triangle Park Parcel
• Liability Coverage for Senior Center Volunteers
• HIPAA—Electronic Records
07-1059/39823 1
® Bella Terra—Parking Structure Improvements
® Construction at Dog Beach& Park - Charter Section 612 (Measure C)
® T-Mobile Cell Tower Construction in Parks
• Fire Dept, Labor Negotiations
COMPLETED REQUEST FOR LEGAL SERVICES AS OF Suly-September 2009
Public
Records
-
Advice., Criminal,
cunients Citizen Pitchess Resolution
Do oil
& Inquiry,Y-
6t Opinion.",�"""Contracf.s.".1�,�'Req46�ts, Hearings Ordinance Pr'l qj6 s Tofi,ct:
Administration 0 3 0 0 1 0 4
Building& Safety 0 0 '1 0
City Attorney 0 3 1 0 0 2 6
City Clerk 0 1 1 0 0 0 2
City Treasurer 3 1 1 0 1 0 6
Community Services I 0 0 4
0,
Econ.Development 3 30 0 0 3 3 39
Finance 3 4 0 7' 15!,"4,
Fire 4 3 0 0 0 0 7
�Human Resources I 0 2 1,0, 4
Information Services 0 1 0 0 0 0 1
3 0 1 0 is""
Planning ��2
Police 1 7 0 6 1 0 15
Public Works 2 13 0
Redevelopment Agency 0 1 0 0 0 0 1
142~Total 72 `4 7
Significant projects for the Advisory Division include:
1. Labor negotiations with Fire Department regarding concealed weapons.
2. Reviewed and advised staff regarding the eligibility provisions for City
Supplemental Retirement Benefit.
3. Advised staff regarding the Business License Tax Amnesty Program.
4. Negotiated with T-Mobile regarding tower constructions in parks.
5. Advised city staff regarding Central Park Pump Station bid protest.
6. Advised staff on liability issues related to HBFD provision of ambulance service
to the City of Fountain Valley.
7. Reviewed and advised staff regarding Main Street Library Triangle Park parcel
issues.
07-1059 39823 2
8. Advised staff regarding the acceptance of State IOUs.
9. Responded to public records requests for documents regarding Poseidon
Resources.
10. Negotiated lease agreement for Search and Rescue Explorer Post at 18381
Gothard.
11. Advised staff regarding HIPAA issues on the use of electronic records.
12. Advised staff regarding the collection of past due Hotel Huntington Beach TOT.
13. Reviewed and revised concession agreements with Kite Connection and Surf City Snack
Bar.
14. Prepared CDBG subgrantee agreements with Interval House, Colette's Children's Home,
Project Self-Sufficiency, and CHB Senior Services.
15. Reviewed and prepared Surf City Savings pilot program agreement.
16. Prepared several Deeds of Trust for Cape Ann property owners.
17. Revised and prepared a Non-Exclusive License Agreement for coffee vendor and
Library.
18. Advised Administration regarding application of Charter Section 612 to the construction
and operation of a pet spa at Dog Beach and Dog Park.
19. Prepared Joint Use Community Recreation Agreement with Huntington Beach School
District.
20. Prepared a professional services agreement for legal services.
21. Advised City staff on RLUIPA's "equal terms"provision as applied to the proposed
Calvary Chapel Church.
22. Responded to public records requests for information on Main Street Library—Triangle
Park.
23. Prepared several consultant agreements to assist with ongoing litigation matters.
24. Advised staff regarding a lease extension with the Waterfront Hotel.
25. Provided advice to department regarding regulating fishing on the pier as a matter of
public safety.
07-1059!39823 3
26. Prepared Orange County Council of Governments (OCCOG) Joint Powers Agreement
and council resolution.
27. Prepared land sale and acquisition agreement for Central Park encyclopedia lots.
28. Negotiated and revised Pay Phone West agreement for inmate telephone service.
29. Prepared eight MOUs for various city department recipients of CDBG funds.
30. Prepared three MOUs between Public Works and Economic Development.
31. Drafted ordinance to amend TOT appeals process.
32. Advised, drafted and prepared affordable housing agreements for Jamboree Housing
Corporation.
33. UUT Review of Cable Services Time Warner; advised and prepared a Confidentiality and
Non-Disclosure Agreement.
34. Prepared ordinances or resolutions to amend or delete various boards, committees and
commissions.
35. Reviewed and prepared documents regarding re-financing request by CIM.
36. Prosecuted six building violations.
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 38 active cases. The City was served with two(2)
new cases this quarter. The charts below identify the types of cases and the potential liability
exposure of these cases.
07-1059/39823 4
Active Litigation Cases
Workers Miscellaneous
Coraag erasatic>r7 Sf' Civil Riphts
5/o
d,�
t
s a l/
2
Debt Recovery
s
POTENTIAL LIABILITY OF PENDING CASES
iM Reserves under$50,000 0 Reserves over$50,000
i
a .. . —
.. i
2
u
o __...__..... _ __.: _..... _....... _—....._ __.____ - ..__. ...
�z c� Ns OK o� oc cy ris �¢ cK �•
0�o� o���a `a\ h� 0`'��3�`
a��� oJh you ��Q 2y� o��►�
ea o
............ ............................ ...... ................ .--- .. ...... ............._._
The Litigation Division settled the following cases with no monies paid to the plaintiff(s):
1. Homeowners sued for property damage, inverse condemnation and emotional
distress, settled at no cost to the City.
2. City sued for overpayment of supplemental retirement benefits.
3. While performing work in the City right-of-way, contractors damaged water lines.
City recovered costs of repair.
07-1059/39823 5
4. Suit to enforce Affordable Housing Covenant at 409 E. Utica,Unit D-40.
5. During the course of the arrest of Plaintiff for a DUI, Huntington Beach Police
Officer sustained a wrist fracture. The police officer sued, Plaintiff counter-sued,
and City defended the cross-complaint.
6. Plaintiffs challenging the City's removal of two king palms planted in the
parkway in front of plaintiffs'property.
7. Claim for wrongful death and personal injuries arising out of an auto accident.
8. Bicyclist was struck by a vehicle executing a right turn in a construction area.
The Litigation Division also settled the following matters:
1. Vehicle accident involving City employee at intersection of Brookhurst and
Garfield.
2. Police Officer involved in vehicle accident.
07-1059/39823 6
RCA ROUTING SHEET
INITIATING DEPARTMENT: city Attorney's Office
SUBJECT: Receive and File City Attorney's Quarterly Report
COUNCIL MEETING DATE: February 1, 2010
RCA ATTACHMENTS 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 A plicable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) 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 ❑
Not Applicable
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXRLANAATIO FOR MISSINGATTACHIVIENT-,81.
REVIEWE �tE0 RET .R ED FO.R A DE®
Administrative Staff )
Deputy City Administrator (Initi 1) JAN 11 )
City Administrator Initial oN6F-P.1P )
City Clerk NISTRP�nn"` )
XPLANATION FOR RETURN,OF ITEM
7
(ael
• 0 For City Clerk's Use Only)
RCA Author: JM/JG