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HomeMy WebLinkAbout2013 City Attorney Reports I� Dept. ID CA 13-005 Page 7 of 7 Meeting Date:12/16/2013, CITY OF HUNTINGTON BEACH W REQUEST FOR. CITY COUNCIL ACTION r MEETING DATE: 12/16/2013 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 Attorneys 2013 Annual Report Statement of Issue: Receive and File the City Attorney's 2013 Annual Report. Financial Impact: None. Recommended Action: Receive and File City Attorneys 2013 Annual.Report. Alternative Action(s): Do not Receive and File the City Attorney's 2013 Annual Report. Analysis: Not Applicable. Environmental Status: Not Applicable. Strategic Plan Goal: Enhance and maintain public safety. Attachment(s): 1. City Attorney's 2013 Annual Report. Item 4. - 1 o§sn:awry =�-.-,:. ,'�' v twa:ae � .,,y'_.._ 1K ;s� f•$>`..:tj/, i s 1��A" � �1 �} m t 4 rr t o q OFFICE OF THE CITY ATTORNEY CITY OF HUNTINGTON BEACH 2013 ANNUAL REPORT JENNIFER McGRATH. City Attorney vNTINGTp�y� .' Q `N=DRPOFATF `� V �pUNTY '� / ®ffl ce of tal a City Attorney 2000 Main Street, 4t Floor Huntington Beach, CA 92648 Phone: (714) 536-5555 Fax: (714)374-1590 www.huntingtonbeachca.gov Item 4. - 2 Iffl,- ,6- Message from the city Attorney,Jennifer McGrath 1 E , Jennifer McGrath, City Attorney I am proud to have served Huntington Beach as the elected City Attorney during the previous ten years. I am pleased to present the 2013 Annual Report of the Huntington Beach City Attorney's Office. The City Attorneys Office strives to accomplish our mission: to provide the best possible representation to the City in all lawsuits and administrative matters; to provide excellent legal advice and services to the City Council and to all City officers and employees; and to prosecute, in the name of the People, all violations of the City Charter and Municipal Code. The Huntington Beach City Attorney's Office is rightly considered to be one of the finest, most comprehensive municipal law offices in the State of California. The 2013 Annual Report reflects the many accomplishments of our office during this past year. Sincerely, �- Jennifer McGrath City Attorney �87 _ Item 4. - 3 u •, ..........�. The city charter specifies the City # Attorney s ppwe d dunes as on 309 Ci Y ATTt3RNEY 5,PpwER$'AP�TD DUT,tES I o becomes r ad r6e sin eligible f r pity Morn the perscm�elected orlappomte'd shall: . have,graduated from a law school Law .,; credited by the�Ame,ican Bar II Association,be awn nttom at 1fA t licensed as`" l under the laws of the State of California,shall have been engaged mthe practice of law in this V State fora leasffive year��pnor to therm i eleciion or appouitmenL Th City j Att��irne}r shall nave the power and may .be requircci to �t, � W< "" (a)Represent and advise the City IF, aka all City oers in all matters of law ' �. pertaining to their offices.. {b)ProseciteonbehaifoftteFpeojile ` any or all enmuial cases arising from City Attorney's Roles and Clients � ,violationofthspruvisionsofthis w, Charter or of City,ordinances and such The City Attorney is an elected Official and serves a state misdemean to as the Ctt it the y power to prosecuteMess other�rtse four-year term. The City Attorney is also recognized as 0 pmvidedbythe City Council a Department Head. (c)Represent anti appear for the City in ` any or all actions or p"roceedmgs in; which the City isncemed or is a The City Attorney's principal role is to serve as legal party,and re—Jt and apPeaz fo anY counsel and provide legal advice and representation to city or or ; . ' City office or employee y or all her clients. The City Attorney's clients are the Mayor -civil=actions orpmceedm m which and City Council acting as a body, in addition to those such officer or employee is concerned i persons or entities empowered by the City Council, the k 'or saparEyfior any act arising outof their employment or by reason of their City Charter, Or state law to act On the Citys behalf—for It",official capacity: example, the City Manager and City staff. (d)Atteii&all regular meetings of.the City Council,unless excused;and give ` their advice or opinion'brally or in The Mayor and.City Council represent the residents of writing whenever requested to do so by Ts= Huntington Beach. Therefore, when the City Attorney's the City Council orbyanyoftheboards Office advises and represents the Mayor and City # or officers'of the City. Council, the residents benefit direct) d indirectly from `, (e)Approve in writing the form ofall y an rec Y contracts made by and all bonds and, that advice and representation. insurance given to the city. (f)Prepare any and all proposed members of the public contact the City ordinances and city Frequently, council resolutions b P � and amendments'thereto. Attorney's Office requesting legal assistance Or =' (g)Devote such time to,the duties'of. their office and at such place as in representation, believing they are entitled to such legal , services as residents of the city. But, as discussed specified thecitycouncil. ty (h)Perform such legal functions and above, the City Charter specifies the City Attorneys duties incident to the execution of the ` clients, and thus prohibits the City Attorney from foregoing powers as maybe necessary. (i)-Surrender to their successor all. advising and representing all others, including city books,papers,files,and documents' residents. However, the City Attorney staff welcomes pertaining to the City's.affairs. inquiries from citizens regarding City laws and legal G)Assist and cooperate with the city Manager consistent with Section 403 of issues. _ the City Charter. (k)Provide advice related to compliance with the City Charter to all elected and appointed officials of the City. Item 4. - 4 HB -88- 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 Attorneys 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. 2013 pity' oun,1l . ,. .. Mayor Connie Boardman Councilmember�Joe Carchio Councilmember Jill Hardy Councilmember Matthewl•iarper ; e 1 Councilmember'Jim KatapodiS _ Councils ember JoeShaw CouncilmemberDave.Sullivan ; d _RB _ Item 4. - 5 ,F ADMINISTRATION DIVISION � - The Administration Division 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 2013 Administration Team—consisted of the City Attorney, Jennifer McGrath; Chief Assistant City Attorney, Michael Vigliotta, and Administrative Assistant to the City Attorney, Sandie Frakes—working together to provide exceptional 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 2013-2614 was $2,262,363 for operations and non-risk litigation expenses. This does not include the general liability reserve. Huntington Beach has experienced financial challenges as a result of declining revenues combined In y' O The City Attorneys O With increasing costs, the City Attorney's office budget Office provided has decreased by 22% over the past seven years. In cost-saving value-added fiscal year FY 2010/11 seven full-time positions were training lu city staff, Y � ) p incl123 uding: eliminated including three attorneys, three administrative support positions, and one investigator AB row Act position. The CAO now has 11 full-time staff;including Brown Act Conflict Revolution two (2) assistant city attorneys, five (5) deputy city Public Records attorneys, an administrative assistant, and three (3) Management legal assistants. Sexual Harassment { Item 4. - 6 s0- Significant projects for the Administration Division include: • Comprehensive training program for City staff on a wide variety of topics including: Ethics AB 1234 and Brown Act. • Bi- annual comprehensive sexual harassment training • Conflict resolution training • Comprehensive public records management 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 extem spends one week with six separate attorneys in the office, each who work in different areas of law. • Prepared and arranged 99 Civil Citation Hearings for City's hearing officer. • Completed performance evaluations of litigation and advisory attorneys. • Maintaining complete.electronic files on every case and matter in the office's document management software. ADVISORY DIVISION The Advisory Division is supervised by Chief Assistant City Attorney, Michael Vigliotta, and for 2013, comprised of Assistant City Attorneys' Paul D'Alessandro and Deputy "! City Attorney Dan Ohl; and Legal Assistant Joan Naideth. es l �t Overview E ' The goal of the.Advisory Division is to provide daily legal advice and support to the fourteen City departments. The Advisory staff attorneys provide exceptional internal. customer service to ensure that city 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 othertransactional 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. -91- Item 4. - 7 405 Completed Requests by Department in 2013 ❑Fire 21 IMHRS IS 2 — ❑Planning 40 Finance 27 g "teaE Police 62 Economic Development 92 IM Public Works 77 �� 6tyTreas" 5 Risk Mgmt3 SenrvAk CityAtty21 Admin16 ❑City Clerk 5 Administration matyAttomey []City Clerk ❑CityTr®surer IM Community Services E]Economic Development Finance M Fire Human Resources IMInformation Services ❑Planning ( Police IM Publ is works MRisk Management Request for Legal Services In 2013, the Advisory Division received 472 requests for legal services and completed 405 of those requests. The above chart identifies the 2013 request for legal services completed by client/department. While hundreds of requests were efficiently completed in an expedited and timely manner; a summary of significant Advisory Division projects and ongoing advice matters are listed on page 8. Item 4. - 8 HB -92- Additionally, staff for the Advisory Division provided assistance with 3 t labor negotiations and made over 100 appearances in West Municipal Court on various Municipal code violations. ADVISORY DIVISION HIGHLIGHTS Some of the significant projects and ongoing advice provided by staff include the following: Advised Human Resources Department regarding complex personnel and labor issues Code enforcement against medical marijuana dispensary Code enforcement and criminal prosecution of illegal massage establishments Adoption of amendments to standard building, electrical, mechanical and housing codes Adoption of amendments to fire code Criminal prosecution of various municipal codes Pedigo project development agreement Rainbow agreement for special recycling bins and collection of material Indemnity agreements with California Coastal Commission Ordinance for senior overlay district for mobile home parks BTDJM Phase II (Bella Terra) Edinger Ave. landscape and maintenance agreements SCE & Southern California Gas Co. energy efficiency partnership Ordinance to allow reasonable accommodations Meadowlark Golf course lease amendment Purchase agreements for Central Park encyclopedia lots Cooperative agreement with OCTA for Adams Ave. traffic signal coordination Federal construction contract for OCTA Edinger Ave. bicycle path project County agreement regarding City's right of way Opinion regarding General Plan consistency Ordinance to allow golf carts on certain streets Archstone reciprocal access easement Opinion regarding subcontractor listing/replacement on public works project Ordinance to enforce conditions of approval on discretionary projects Q HB -93- Item 4. - 9 LITIGATION DIVISION i # The Litigation Division is supervised by City Attorney Jennifer :. ' McGrath and is, comprised of Assistant City Attorney Scott Field and Sr. Deputy City Attorneys Neal Moore and John Fujii; and Legal Assistants Thuy Vi and Chris Leonhard. 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 2013 was the eleventh Since 2002, the Litigation Division decreased the City's consecutive year that norisk cases were referred reliance on outside litigation attorneys.. By ensuring that to outside counsel, the Litigation Division attorneys have both the genuine saving the City thousands desire and the requisite experience to succeed in the of dollars in outside litigation arena, the City has consistently experienced a attorney fees., record of successful resolution of litigation. Although using more experienced attorneys in the Litigation Division has minimally increased labor costs within the office, a recent survey 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 27 active and closed litigation cases handled in-house this year, cost savings to the City during the year are quite substantial. 2013 Hourly Attorney Rates Comparison Outside �RedevelapmentTort m:r Labor Counsel $200 $3254 $170 .,$210 K $200=SJ3 5 In-house Redevelopment/1 ort/Labor . ; .. a .:. COtll1Se1 $91.00(fully burden rate), 0 Item 4. - 10 14B -94- 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 40 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 continued practice has significantly maximized the benefit of Mr. Moore's years of experience in the handling and investigation of such claims. Ongoing & Closed Litigation Cases 2013 . .,... : . . Dangerous RP Condition Condition Civil Rights 44% 29% E 'Gov Pnment Automobile Misc. 11% R% 8% [E]Automobile IM Civil Rights ❑Dangerous Condition 0 Government IM Misc. During the 2013 fiscal year, 12 cases of 27 were resolved without the payment of any money. 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, it is evidence to both the quality and tenacity with which the Litigation Division attorneys perform their work to reach favorable results for their clients. �n B -95- Item 4. - 11 LITIGATION DIVISION HIGHLIGHTS As indicated above, the Litigation Division had significant success in handling its cases this . year. 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. A sampling of the cases the Litigation Division resolved daring 2013 with no monies paid to the plaintiffs: Two separate CEQA lawsuits challenging project approvals settled, with neighborhood opponents and developer resolving their dispute, and City recovering its attorney fees. Student claims he tripped and fell on a sidewalk, court granted the City's summary judgment. Plaintiff filed five separate lawsuits against the City; all cases were won on demurrer and dismissed. Inverse condemnation case regarding the use of lot as a construction yard, case dismissed. Officers responded to a call regarding an intoxicated family member who was endangering himself. Plaintiff claims he was tasered and fell backward hitting his head on the concrete sidewalk. Case dismissed. Death of child'in crosswalk, dangerous condition of City's property was alleged. Case dismissed. Local residents sued the City to challenge legal adequacy of an EIR. Court trial resulted in judgment for City. Petitioners appealed, but Court of Appeal upheld Trial Court's ruling. Alleged civil rights violation for removing Plaintiff's child from custody. Motion to dismiss was granted. Plaintiffs allege City's failure to overturn the issuance of the Conditional Use Permit for an.express car wash.. Court trial denied Plaintiff's claim'. Slip and fall on sidewalk. Plaintiffs dismissed the City from case. Plaintiff fell while walking from an elevated area towards an ice skating rink.. Tendered defense to insurance company. City paid no monies. Item 4. - 12 -916- Cases won at trial: •:t Plaintiff claimed a dangerous condition of a City sidewalk, defense verdict obtained after jury trial. ❖ Alleged violation of Civil Rights and alleged police misconduct (excessive force). Verdict in favor of the City and Officer after jury trial. ❖ Plaintiff claims she fell on uneven pavement, judgment for defense after Bench trial. Cases won at appeal: •o• In a dispute regarding City authority to regulate a utility's proposed use of the streets and sidewalks, Court of Appeal reversed State Agency's decision to preempt City Ordinance. Other cases settled: Trip and fall in a City library parking lot. Trip and fall in an alley pothole. Scooter accident in standing water at intersection. Trip and fall over a parking block at a City community center. Plaintiffs were involved in automobile accident with a City vehicle. Trip and fall on City sidewalk, knocking out teeth. Plaintiff was involved in automobile accident with a City ambulance. Trip and fall on raised sidewalk in the downtown area. HB"-97- Item 4. - 13 Community Outreach Activities City Attorney Jennifer McGrath is an active member in the Huntington Beach Kiwanis Club. 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 the 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. Also, as in years past, Mr. Moore coaches 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 is an active member of the Orange County Asian. American Bar Association, where.he volunteers as a mentor to law students. 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 11 years. A RELAY F may+ FOR UFE f •'hy F..r_onc �f irh a Mock Trial Team Item 4. - 14 HB -98- ti a OFFICE OF THE CITY ATTORNEY 2013 ORGANIZATION CHART City Atrney �hiefAssistant� r �� C1ty`Attvmey administrative Assist nt �� y�.. Lsti a t�cm Advisciry Assistant city Attorney yA Assistant City Att©rney Senitir�Deputy CityAttorr�ey2) ^Deputy`"City�ttorney III : Legal Assistants (2) Legal Assistant# j �(`l) ". 1A RB -99- Item 4. - 15 2013 Attorney Bios PAUL VALESSANDRO 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 is the legal counsel for the Huntington Beach Planning Commission. He provides legal assistance on all areas of municipal law, including land use, 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 many of the City's Boards, Commissions, and Committees, 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 in the Litigation Division of the City Attorneys Office. The Litigation Division handles all phases of all civil litigation matters involving the City, 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 Attomey's Office, Mr. Field was a partner at Burke, Williams & Sorensen, a law firm specializing in the representation of public agencies 15 Item 4. - 16 HB -1 - 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 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& Mitchell 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 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 16 HB -1 1_ Item 4. - 17 Council. In November of 2002, 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. 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. 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 was a member of the Executive Committee for the Litigation Section of the State Bar of California for a 3 year term (2008— 2011). 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). 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, 17 Item 4. - 18 HB - 02- "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). MIKE ViGLIOTTA Practice Areas, Background and Experience Mr. Vigliotta presently serves as a Deputy City Attorney in the Advisory Division of the City Attorneys 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. 18 HB -13- Item 4. - 19 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). 19 Item 4. - 20 HB -104-